Under the first above quoted portion of section 41, it is necessary only to show a final award, the death of the claimant, and an unpaid balance. We are not unaware of the language of Indian Terr. Ill. Oil Co. v. Pettyjohn, 179 Okla. 222, 65 P.2d 415, wherein it was held, with respect to the particular award which was then on appeal and was not final, that it was necessary to a revivor to show that the death of the claimant was from causes other than the injury whereon he based his claim. Insofar as it was then thought necessary to find on the theory that the award was not final, that opinion may be sustained, but we are of the opinion that since such an award appealed from, if affirmed, would relate back to the date of its rendition that the finding required therein is not entirely appropriate; yet we recognize, if the award appealed from should be vacated, the claimant or his beneficiaries would then be governed by the second status treated in section 41.

The second proposition is likewise untenable. It is that claimant by his unlawful act deprived petitioners of the legal right which they had, and therefore cannot profit by the wrongful act to the detriment of the petitioners. Petitioners apparently overlook the fact that claimant did not profit. Under the rule announced in Indian Territory Ill. Oil Co. v. Pettyjohn, 179 Okla. 222, 65 P.2d 415, National M. Cas. Co. v. Briscoe, 188 Okla. 440, 109 P.2d 1088, and Chaves v. State Industrial Commission, supra, construing chapter 29, S. L. 1933, an award for disability survives to the beneficiary named therein where the death arises from causes other than the accidental injury. It seems to be conceded in the case at bar that except for the question of suicide the case is one in which the award survives. Both propositions being disregarded as a justification for a vacation of the revivor of the award, the order of the State Industrial Commission is in all respects sustained.

"An award for disability may be made after the death of the injured employe when the death results from causes other than the injury." The provision relating to revivor was discussed in Washabaugh v. Bartlett-Collins Glass Co., 177 Okla. 159, 57 P.2d 1162; Indian Territory Illuminating Oil Co. v. Pettyjohn, 179 Okla. 222, 65 P.2d 415; Swatek Const. Co. v. Williams, supra; Black Gold Pet. Co. v. Hirshfield, 182 Okla. 634, 79 P.2d 566. In Indian Territory Illuminating Oil Co. v. Pettyjohn, supra, the court authorized and directed the proceedings to be revived in the name of the beneficiaries designated by the statute where an award had been made.

"An award for disability may be made after the death of the injured employee, when death results from causes other than the injury." In discussing the above-quoted provision of section 2, chapter 29, supra, this court, in the case of Indian Territory Illuminating Oil Co. v. Pettyjohn, 179 Okla. 222, 65 P.2d 415, said: "We are of the opinion that under said provisions it becomes the duty of the commission to make a separate finding of fact as to whether or not the death of the claimant results from causes other than the injury."