§ 10. Amount of compensation; persons entitled; physical examination.
The amount of compensation under the plan shall be: 1. In case death
results from injury:

(a) If the employee leaves a widow or next of kin at the time of his
death wholly dependent on his earnings, a sum equal to twelve hundred
times the daily earnings of the employee at the rate at which he was
being paid by the employer at the time of the accident, but not more in
any event than three thousand dollars. Any weekly payments previously
made under the plan shall be deducted in ascertaining such amount
payable on death.

(b) If such widow or next of kin or any of them are in part only
dependent upon his earnings, such sum not exceeding that provided in
subdivision a as may be determined to be reasonable and proportionate to
the injury to such dependents.

(c) If he leaves no widow, or next of kin so dependent in whole or in
part, the reasonable expenses of his medical attendance and burial, not
exceeding one hundred dollars. Whatever sum may be determined to be
payable under the plan, in case of death of the injured employee, shall
be paid to his legal representative for the benefit of such dependents,
or if he leaves no such dependents, for the benefit of the person to
whom the expenses of medical attendance and burial are due.

2. Where total or partial incapacity for work at any gainful
employment results to the employee from the injury, a weekly payment
commencing at the end of the second week after the injury and continuing
during incapacity, subject as herein provided, not exceeding fifty per
centum of his average weekly earnings when at work on full time during
the preceding year during which he shall have been in the employment of
the same employer, or if he shall have been employed less than a year,
then a weekly payment of not exceeding three times the average daily
earnings on full time for such less period.

In fixing the amount of the weekly payment, regard shall be had to any
payment, allowance or benefit which the workman may have received from
the employer during the period of his incapacity, and in the case of
partial incapacity the weekly payment shall in no case exceed the
difference between the amount of the average weekly earnings of the
workman before the accident and the average amount which he is earning
or is able to earn in some suitable employment or business after the
accident, but shall amount to one-half of such difference. In no event
shall any weekly payment payable under the plan exceed ten dollars per
week or extend over more than eight years from the date of the accident.
Any person entitled to receive weekly payments under the plan is
required, if requested by the employer, to submit himself for
examination by a duly qualified medical practitioner or surgeon provided
and paid for by the employer, at a time and place reasonably convenient
for the employee, within three weeks after the injury, and thereafter at
intervals not oftener than once in six weeks. If the workman refuses so
to submit, or obstructs the same, his right to weekly payments shall be
suspended until such examination shall have taken place, and no
compensation shall be payable under the plan during such period. In case
an injured employee shall be mentally incompetent at the time when any
right or privilege accrues to him under the plan, a committee or
guardian of the incompetent, appointed pursuant to law, may, on behalf
of such incompetent, claim and exercise any such right or privilege with
the same force and effect as if the employee himself had been competent
and had claimed or exercised any such right or privilege; and no
limitation of time herein provided for shall run so long as said
incompetent employee has no committee or guardian. In case an injured
employee shall be under a substantial impairment within the meaning of
the conservatorship provisions of article seventy-seven of the mental
hygiene law at the time when any property right accrues to him under the
plan, a conservator, appointed pursuant to law, may, on behalf of such
conservatee, claim and exercise any property right with the same force
and effect as if the employee had been capable of managing his affairs
and had claimed such right; and no limitation of time herein provided
shall run so long as said employee has no conservator.