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Wisconsin

may be at the time of the accident to 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 according to the relative extent of their dependency.

"4. No person shall be considered a dependent unless a member of the family of the deceased employee, or one who bears to him the relation of husband or widow, or lineal descendant, or ancestor, or brother, or sister.

"5. Questions as to who constitute dependents and the extent of their dependency shall be determined as of the date of the accident to the employee, and their right to any death benefit shall become fixed as of such time, irrespective of any subsequent change in conditions; and the death benefit shall be directly recoverable by and payable to the dependent or dependents entitled thereto or their legal guardians or trustees; provided that in case of the death of a dependent whose right to a death benefit has thus become fixed, so much of the same as is then unpaid shall be recoverable by and payable to his tional sum of $5 for medical expenses. Felis Pliska v. Hatton Lumber Co., Wis. Indus. Com., June 14, 1912. In the last mentioned case the term "support" was defined to mean necessary food, shelter, clothes, etc. to meet daily necessities of the dependent, the extent of the support to be determined by the amount devoted to those purposes during the year preceding the death of the employee.

A son of the applicant was employed on a steam shovel crew and suffered injuries which caused death. His average annual wages amounted to $525. It was found that the applicant was partially dependent upon the deceased to the extent of $282.84 a year. The employer was directed to pay four times the sum of the annual wages, in weekly instalments of $10.10. Dojak v. St. Paul Minneapolis, & Sault. Ste. Marie Ry., Wis. Indus. Com., Jan 24, 1913.-

The applicant's son fell from a bridge upon which he was working and was killed. It was held that the applicant who was the father of the deceased workman was not dependent upon his son's earnings and the employer was ordered to pay funeral expenses of $100 and a doctor's bill of $2.00. Frank A. Windfelder v. City of Milwaukee, Wis. Indus. Com., December 21, 1911.

Wisconsin

personal representatives in gross. No person shall be excluded as a dependent who is a non-resident alien.

"6. No dependent of an injured employee shall be deemed, during the life of such employee, a party in interest to any proceeding by him for the enforcement or collection of any claim for compensation, nor as respects the compromise thereof by such employee.

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ARTICLE G-SPECIFIC PROVISIONS OF VARIOUS STATUTES........ 678

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Disability, or incapacity, may be permanent total, per manent partial, temporary total, or temporary partial. Very few of the acts attempt to define all the degrees of incapacity or disability. In some of the statutes permanent total disability is defined to mean the loss of both legs or both arms, or both eyes, or any two thereof, such as one

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