Page:United States Statutes at Large Volume 52.djvu/1207

 PUBLIC LAWS-CH. 685-JUNE 25, 1938 Approval of agreed settlement of inter- ested parties in desig- nated cases. 44 Stat. 1428 . 1429. 33 U.S. 0. § 908. 44 Stat. 1434. 33 U. S. C.G 915, 918. Prosos. Installment pay- ments. 44 Stat. 1432, 1433. 83 U.S. C. 1914. Death of employee from other causes. 44 8tat. 1429. 33 u.s.a. 908. 44 Stat. 1430 . 33U. s.0. 909. Oompensation for death. Snrvvivng wife or dependent husband and no child. Surviving chfld or dhfldren. Death or remarriage ef wife or husband. P/¥#. Maximum amount. Surviving child or children, but no sur- ivving wife or depend- ent husband. Protfso. Maximum amount. Support of depend- ent grandchildren, brothers, and sisters. Dependent parent r grandparent. Maximum amount. missioner may, in the interest of justice, fix such wage-earning capac- ity as shall be reasonable, having due regard to the nature of his injury, the degree of physical impairment, his usual employment, and any other factors or circumstances in the case which may affect his capacity to earn wages in his disabled condition, including the effect of disability as it may naturally extend into the future. "(i) In cases under subdivision (c) (21) and subdivision (e) of this section, whenever the deputy commissioner determines that it is for the best interests of an injured employee entitled to compensa- tion, he may, with the approval of the Commission, approve agreed settlements of the interested parties, discharging the liability of the employer for such compensation, notwithstanding the provisions of section 15 (b) and section 16 of this Act: Provided, That the sum so agreed upon shall be payable in installments as provided in section 14 (b), which installments shall be subject to commutation under section 14 (j): And provided fwrther, That if the employee should die from causes other than the injury after the Commission has approved an agreed settlement as provided for herein, the sum so approved shall be payable, in the manner prescribed in this subdi- vision, to and for the benefit of the persons enumerated in subdivision (d) of this section." SEC. 6. That subdivisions (b), (c), and (d) of section 9 of this Act be, and they are hereby, amended to read as follows: "(b) If there be a surviving wife or dependent husband and no child of the deceased, to such wife or dependent husband 35 per centum of the average wages of the deceased, during widowhood, or dependent widowerhood, with two years' compensation in one sum upon remarriage; and if there be a surviving child or children of the deceased, the additional amount of 10 per centum of such wages for each such child; in case of the death or remarriage of such surviving wife or dependent husband, any surviving child of the deceased employee shall have his compensation increased to 15 per centum of such wages: Provided, That the total amount payable shall in no case exceed 662/3 per centum of such wages. The deputy commissioner having jurisdiction over the claim may, in his discre- tion. require the appointment of a guardian for the purpose of receiving the compensation of a minor child. In the absence of such a requirement the appointment of a guardian for such purposes shall not be necessary. "(c) If there be a surviving child or children of the deceased, but no surviving wife or dependent husband, then for the support of each such child 15 per centum of the wages of the deceased: Provided, That the aggregate shall in no case exceed 6623 per centum of such wages. "(d) If there be no surviving wife or dependent husband or child or if the amount payable to a surviving wife or dependent husband and to children shall be less in the aggregate than 6623 per centum of the average wages of the deceased; then for the support of grand- children or brothers and sisters, if dependent upon the deceased at the time of the injury, 15 per centum of such wages for the support of each such person and for the support of each parent, or grand- parent, of the deceased if dependent upon him at the time of the injury, 25 per centum of such wages during such dependency. But in no case shall the aggregate amount payable under this subdivision exceed the difference between 66% per centum of such wages and the amount payable as hereinbefore provided to surviving wife or dependent husband and for the support of surviving child or children." 1166 [52 STAT.

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