Taylor v. Industrial Accident Commission

PULLEN, P. J.

Leon L. Taylor sustained an injury in the course of his employment, which resulted in his death. The State Compensation Insurance Fund was the insurance carrier, and both the employer and the employee were subject to the provisions of the Workmen’s Compensation Insurance and Safety Act.

After the death of Taylor an application for an adjustment of the claim and establishment of dependency was filed by Georgia Taylor as his wife, and a hearing was held thereon before the Industrial Accident Commission. The findings and award by the Commission held the evidence did not establish that the applicant Georgia Taylor bore to the deceased any of the relationships specified in section 14 of

[470]

the Compensation Act, and that she was not in good faith a member of the family or household of said deceased. The applicant being dissatisfied, has brought the record to this court to review the evidence and findings so made.

Petitioner in order to recover compensation must bring herself within the provisions of the act above referred to, particularly section 14 thereof, which reads:

“(a) The following shall be conclusively presumed to be wholly dependent for support upon a deceased employee.

“ (1) A wife upon a husband with whom she was living at the time of his death, or for whose support such husband was legally liable at the time of his death.

“ (2) [This clause specifies the children who are deemed to be dependent and is not important to the present case.] “(b) In all other cases, questions of entire or partial dependency and questions as to who constitute dependents and the extent of their dependency shall be determined in accordance with the fact, as the fact may be at the time of the injury of the employee.

“(c) No person shall be considered a dependent of any deceased employee unless in good faith a member of the family or household of such employee, or unless such person bears to such employee the relation of husband or wife, child, posthumous child, adopted child or stepchild, father or mother, father-in-law or .mother-in-law, grandfather or grandmother, brother or sister, uncle or aunt, brother-in-law or sister-in-law, nephew or niece.”