Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1911-08-04

~, and the employer shall thereupon
be liable for the following death bene-
fits in lieu of any further disability
indemnity:
(a) In case tho deceased employee
leaves q person or persons wholly de-
pendent on him for support, the death
DeneHt snail be sum sufficient, when
added to the indemnity which shall
at the time of death have been paid or
become payable under the provisions Of
subsection of this section, to make
the total compensation for the injury
and death exclusive of the benefit
provided for in subsection -, equal to
TOUR times his average annual earn
ings; the same to be payable. unless
ana until the Oo,tIu snail direct pay
ment In gross, in weekly installmenta
corresponding in amount to the week.
~ earnings of the employee.
OBJ In case the deceased employees
leaves no one wholly dependent on
MIN for support, but one or more per-
sons partially dependent therefor, the
death benefit shall be such percentags
OF four times such average annual
earnings of the employee as the aver
age annual amount devoted by thu
deceased to the SUPPORT of the person
or persons so partially dependent on him
for support bears to such average annual
earnings, the same to be payable, I'M
payment in gross in weekly installments
corresponding in amount to the weekly
earnings OF the employees; provided
that the total compensation for the in
jury and death Exclusive of the bene-
fit provided for in said subsection II
shall not exceed four times such aver
age annual earnings.
go Liability for the. death benefits
provided for in subdivisions (a) and
90 respectively shall only exist where
the accident is the proXimate cause Of
proXlmateIy causes permanent total
disability, and death ensues from some
other cause before disability indemnity
ceases, the death benefit shall DO the
flOIlQh the accident had
caused death; and provided further
that, if the accident proximately
causes permanent partial disability
cause before disability indemnity
ceases, liability shall exist for such
percentage of the death benefits pro-
vided for in said subdivision (a) or
CD Gas the case may be- as shall fair
Nv represent the prOportionate extent
of the impairment of earning capacity
caused by such permanent. partial dis
ability in the employment in which the
employee was working at the time Of
the accident.
(d) If the deceased employee leaves
no person dependent upon him for sup
port, and the accident proXimately
causes death, the death benefit shall
consist of the reasonable expense OF
his burial, not exceeding $780,
earnings referred to in section N 1884
> shall be one fifty-second Of the
average annual earnings of the en-
ployee; average annual earnings shall
not be taken at less than 1915, nor
more than $3.50, and between said
limits shall be arrived at as follows:
CAP If the injured employee has
worked in the employment in which no
was working at the tIma o. the ac-
cident, whether for the same employer
or not, during substantially the whole
Of the year Immediately preceding his
injury, his average annual earnings
shall consist of three hundred times the
average daily wage or salary which
n mad Tnh 1.NNy1p ,,RA%
during the days when so employed.
CO. II the injured employee has not
SO worked in such employ ment dur
ing substantially the whole of such i'm
mediately preceding year, his average an
nual earnings shall consist of three humid
red times the average dailv wage or
salary which an employee of the same
class working substantially the whole
or such Immediately preceding year in
the same or a similar employment in
the same or a neighboring place shah
have earned in such employment dur
ing tho days when so employed.
co In cases where the foregoing
methods of arriving at the average
ployee cannot reasonably and fairly
be applied, such annual earnings shall
be taken at such sum as, having re-
gard to the previous earnings of the
injured employee, and of other en-
ployees of the same or most similar
class, working in the same or most
similar employment, in the same or
represent the annual earning capacity
of the injured employee at the time of
the accident in the employment in
which he was working at such time.
(d) The fact that an employee has
suffered a precious disability, or re-
ceiVed compensation therefor, shall not
preclude compensation for later in
jury, or for death, but in determin-
ing compensation for the later injury,
or death, his average annual earnings
shall be such sum as will reasonably
represent his annual earning capacity
at the time of the later injury, in the
employment in which he was working
at such timo and shall be arrived at
according to, and subject to the limi-
tations of, the previous provisions OF
this section.
2. The weekly loss in wages re-
ferred to in section 2394-9 shall con-
SiSt of such percentage of the average
weekly earnings of the injured en-
ployce, computed according to the pro-
visions of this section, as shall fairly
represent the proportionate extent of
the impairment of his earning capacity
in the employment in WnlCH ne was
working at the time of the accident,
the same to be fixed as of the time of
the accident but to be determined in
view of the nature and extent of the
injury.
8. The following shall be conclusive
ly presumed to be solely and wholly
dependent for support upon deceased
employee:
(a) A wife upon husband with
whom she is living at the time of his
o. A husband upon wife with
whom he is living at the time of her
Cc5 A child or children under the
age of eighteen years Cor over said
age, but physically or mentally in
capacitatcd from earning), upon the
parent with whom he or they are liv-
ing at the time of the death of such
parent there being no surviving de-
pendent parent In case there is more
than one child thus dependent, the
& tn benefit shall be divided equally
among them.
In all other cases questions Of entire
or partial dependency shall be deter
mined in accordance with the fact as
the fact may be at the time of the
death of the employee; and in such
other cases, if there is more than one
person wholly dependent, the death
benefit shall be divided equally among
them, and persons partially dependent,
if any, shall receive no part thereof;
and if there is more than one person
partially dependent, the death benefit
shall be divided among them accord
ing to the relative extent of, their de-
tendency.
4. NO person shall be considered a
dependent unless q member of the
family of the deceased employee, or
bears to him the relation of husband
or widow, or lineal descendant, or an
cestor, or brother, or sister.
S. Questions as to who constitute
dependents and the extent of their de-