Texas the employé from a cause other than or not induced by the injury for which he is receiving compensation." "Art. II, § 16. Minors and mentally incompetent. In case an injured employé is mentally incompetent, or, where death results from the injury, in case any of his dependents entitled to compensation hereunder are mentally incompetent or minors at the time when any right, privilege or election accrues to him or them under this act, his conservator, guardian, or next friend may, in his behalf, claim and exercise such right, privilege, or election, and no limitation of time in this act provided shall run so long as such incompetent or minor has no conservator or guardian." TEXAS the "Part I, § 8. If death should result from the injury association hereinafter created, shall pay to the legal beneficiary of the deceased employé a weekly payment equal to 60 per cent of his average weekly wages, but not more than fifteen dollars nor less than five dollars a week, for a period of three hundred and sixty weeks from the date of injury; vided, that the compensation herein provided for sha 11 be distributed according to the law providing for the distribu tion of other property of deceased. pro "§ 9. If the deceased employé leaves no legal beneficiaries, or creditors, the association shall pay all expenses incident to his last sickness, and in addition a funeral benefit not to exceed one hundred dollars; provided, where the deceased leaves no beneficiaries as provided herein, but leaves creditors, the association shall be liable to such creditors, for an amount not exceeding the amount that would otherwise have been due beneficiaries, which amount paid shall not exceed amount due such creditor or creditors." "§ 16. In all cases of injury resulting in death, where Such injury was received in the course of employment, cause of action shall survive." Washington WASHINGTON "§ 5. Each workman who shall be injured whether upon the premises or at the plant or, he being in the course of his cmployment, away from the plant of his employer, or his family or dependents in case of death of the workman, shall receive out of the accident fund compensation in accordance with the following schedule, and, except as in this act otherwise provided, such payment shall be in lieu of any and all rights of action whatsoever against any person whomsoever. "(a) Where death results from the injury the expenses of burial shall be paid in all cases, not to exceed seventy-five dollars ($75) in any case, and "(1) If the workman leaves a widow or invalid widower, a monthly payment of twenty dollars ($20) shall be made throughout the life of the surviving spouse, to cease at the end of the month in which remarriage shall occur; and the surviving spouse shall also receive five dollars ($5) per month for each child of the deceased under the age of sixteen years at time of the occurrence of the injury until such minor child shall reach the age of sixteen years, but the total monthly payment under this paragraph (1) of subdivision (a) shall not exceed thirty-five dollars ($35). Upon remarriage of a widow she shall receive, once and for all, a lump sum equal to twelve times her monthly allowance, viz.: the sum of two hundred forty dollars ($240) but the monthly payment for the child or children shall continue as before. "(2) If the workman leaves no wife or husband, but a child or children under the age of sixteen years, a monthly payment of ten dollars ($10) shall be made to each such child until such child shall reach the age of sixteen years, but the total monthly payment shall not exceed thirty-five dollars ($35), and any deficit shall be deducted proportionately among the beneficiaries. "(3) If the workman leaves no widow, widower, or child under the age of sixteen years, but leaves a dependent or dependents, a monthly payment shall be made to each dependent equal to fifty per cent of the average monthly support 1 Washington actually received by such dependent from the workman during the twelve months next preceding the occurrence of the injury, but the total payment to all dependents in any case shall not exceed twenty dollars ($20) per month. If any dependent is under the age of sixteen years at the time of the occurrence of the injury, the payment to such dependent shall cease when such dependent shall reach the age of sixteen years. The payment to any dependent shall cease, if and when, under the same circumstances, the necessity creating the dependency would have ceased if the injury had not happened.1 "If the workman is under the age of twenty-one years and unmarried at the time of his death, the parents or parent of the workman shall receive twenty dollars ($20) per month, for each month after his death, until the time at which he would have arrived at the age of twenty-one years. "(4) In the event a surviving spouse receiving monthly payments shall die, leaving a child or children under the age of sixteen years, the sum he or she shall be receiving on account of such child or children shall be thereafter, until such child shall arrive at the age of sixteen years, paid to the child increased 100 per cent., but the total to all children shall not exceed the sum of thirty-five dollars ($35) per month. (Subdivisions (b), (c), (d), (f), (g) and (h) relate to disability benefits. See Chapter XII. Subdivision (f) relates to reserves. See Chapter XXVIII.) "(i) A husband or wife of an injured workman, living in a state of abandonment for more than one year at the time of the injury or subsequently, shall not be a beneficiary under this act. Under Section 5, Subd. 3 of the Washington Workmen's Compensation Act, awarding to a dependent a monthly payment not exceeding $20 a month, and providing that if the workman is under age and unmarried his parent shall receive that sum each month until he would have reached the age of twenty-one years, it was held that a dependent mother of an employee nineteen years of age when killed, was entitled to $20 a month so long as her dependent condition continued. Boyd v. Pratt, 72 Wash. 306; 130 Pac. Rep. 371. Washington "(j) If a beneficiary shall reside or remove out of the state the department may, in its discretion, convert any monthly payments provided for such case into a lump sum payment (not in any case to exceed four thousand dollars ($4,000) upon the theory, according to the expectancy of life as fixed by the American Mortality Table, that a monthly payment of twenty dollars ($20) to a person thirty years of age is worth four thousand dollars ($4,000), or, with the consent of the beneficiary, for a smaller sum. "(k) Any court review under this section shall be initiated in the county where the workman resides or resided at the time of the injury, or in which the injury occurred." (As am'd by L. 1913, c. 148, approved and in effect March 21, 1913.) "§ 3. *** Dependent means any of the following named relatives of a workman whose death results from any injury and who leaves surviving no widow, widower, or child under the age of sixteen years, viz.: invalid child over the age of sixteen years, daughter, between sixteen and eighteen years of age, father, mother, grandfather, grandmother, step-father, step-mother, grandson, granddaughter, step-son, step-daughter, brother, sister, half-sister, half-brother, niece, nephew, who, at the time of the accident, are dependent, in whole or in part, for their support upon the earnings of the workman. Except where otherwise provided by treaty, aliens, other than father or mother, not residing within the United States at the time of the accident, are not included. "Beneficiary means a husband, wife, child or dependent of a workman, in whom shall vest a right to receive payment under this act. "Invalid means one who is physically or mentally incapacitated from earning." "The word 'child,' as used in this act, includes a posthumous child, a child legally adopted prior to the injury, and an illegitimate child legitimated prior to the injury." West Virginia WEST VIRGINIA "§ 33. In case the injury causes death within the period of ninety days, the benefits shall be in the amounts and to the persons following: "(1) If there be no parent or dependents, the disbursement from the workmen's compensation fund shall be limited to the expense provided for in sections twenty-seven and twentynine. "(2) If the deceased employé be under the age of twentyone and unmarried and leave a dependent father or mother, the father, or if there be no father, the mother shall be entitled to a payment of fifty per cent of the average weekly wage, not exceeding six dollars per week, to continue until the employé would have been twenty-one years of age. "(3) Dependent, as used in this act, means a widow, invalid widower, child under the age at which he or she may be lawfully employed in any industry, invalid child over such age, father, mother, grandfather or grandmother, who at the time of the injury causing death is dependent in whole or in part for his or her support upon the earnings of the employé. "(4) If the deceased employé leave a widow or invalid widower the payment shall be twenty dollars per month until the death or remarriage of such widow or widower; and in addition five dollars per month for each child under the age at which he or she may be lawfully employed in any industry, to be paid until such child reaches such age; provided, that the total payment shall not exceed thirty-five dollars per month. "(5) If the deceased employé be an adult and there be no widow, widower or child under the age at which he or she may be lawfully employed in any industry, but there are wholly dependent persons at the time of death, the payment shall (except in the case named in clause two of this section) be fifty per cent of the average monthly support actually received from the employé during the preceding twelve months, and to continue for the remainder of the period between the date of death and six years after the date of injury, and not |