35. (1) Where death of a workman results from an accident the following amounts or compensation shall be paid:
(a) the expenses not exceeding six hundred dollars, necessarily incurred for the funeral of the workman and the cost of the transportation of the corpse, not exceeding one hundred and fifty dollars, when the Commission deems the same justified by reason of the distance travelled;
(b) where the widow or an invalid husband is the sole dependant, a monthly payment of one hundred and forty dollars;
(c) where the dependants are an invalid widower and children or a widow and children, a monthly payment of one hundred and forty dollars, with an additional monthly payment of thirty-five dollars for each child under the age of eighteen years. Such additional monthly payment shall be increased to fifty-five dollars on the death of the widow or invalid widower;
(d) where the dependants are children, a monthly payment of fifty-five dollars to each child under the age of eighteen years;
(e) where the dependants are persons other than those mentioned in the foregoing paragraphs b, c and d, to each dependant, a sum reasonable and proportionate to the pecuniary loss to such dependant occasioned by the death, to be determined by the Commission.
(2) Where a workman has disappeared following an accident arising out of or in the course of his work, under circumstances which raise a presumption that he is dead, the Commission may acknowledge that, for the purposes of this act and until proof to the contrary, the date of his death is that of the accident.
(3) Where the workman leaves no widow or the widow subsequently dies, and a sister, aunt, or other suitable person acts as foster-mother in keeping up such household and maintaining and taking care of the children of such workman entitled to compensation, in a manner which the Commission deems satisfactory, such foster-mother while so doing shall be entitled to receive the same monthly payments of compensation for herself and such children as the widow would have been entitled to, and in such case the children’s part of such monthly payments shall be in lieu of the monthly payments which they would otherwise have been entitled to receive.
(4) The dependant widow, or if she be dead, such foster-mother, shall be awarded in addition a sum of five hundred dollars.
(5) A woman who was divorced, separated from, or was not being maintained by the workman, who has died as a result of accident or disease covered by this act, shall not receive any of the compensation, rent or allowances by this act provided, unless in the opinion of the Commission she was entitled to be maintained by him at the time of his death.
(6) In the case provided for by paragraph e of subsection 1 of this section, the payments shall continue only so long as, in the opinion of the Commission, it might reasonably have been expected that, had the workman lived, he would have continued to contribute to the support of such dependants; and in any case under the said paragraph e the Commission may convert such payments into a capital sum or any other form of payment as the Commission in the circumstances deems most suitable.
(7) A dependant to whom the workman stood in locoparentis or a dependant who stood in locoparentis to the workman shall be entitled, as the Commission may determine, to share in or receive compensation under paragraphs c, d or e of subsection 1 of this section.
(8) Compensation shall be payable to any invalid child without regard to the age of such child, and payments to such child shall continue so long as such child remains an invalid; in the case of a child attending school, payment shall continue as long as he regularly attends a school.
(9) Where there are both dependants for whom the workman provided entirely and dependants for whom he partly provided, the Commission may allot to each dependant a part of the compensation awarded to them.
(10) Where the Commission is of opinion that, for any reason, it is necessary or desirable that a payment in respect of a child should not be made directly to the person entitled to receive same on behalf of such child, the Commission may direct that the payment be made to such other person as it may designate or be applied in such manner as the Commission may deem most advantageous for such child.
(11) Exclusive of the expenses of burial of the workman, the total monthly compensation payable, as provided by subsection 1 of this section, shall not in any case exceed seventy-five per centum of the average monthly earnings of the workman during the twelve months preceding his accident, if his employment has lasted twelve months, and, if not, of the average monthly earnings during any shorter period during which he has been in the service of his employer.
If the compensation payable under subsection 1 of this section exceeds the percentage fixed by the precedent paragraph, it shall be reduced accordingly, and, where several persons are entitled to monthly payments, the payments shall be reduced proportionately; but, where the dependants are an invalid widower or a widow with, in either case, one or more children, the monthly payment shall not be less than one hundred and seventy-five dollars when there is only one child, nor less than two hundred and ten dollars when there are two children, nor less than two hundred and forty-five dollars when there are more than two children.