Hammond Lumber Co. v. Industrial Accident Commission

LANGDON, P. J.

This record is before us upon the return to a writ of review. Petitioners are objecting to an

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award of the Industrial Accident Commission by which the surviving wife and child of Silvio Marsili, deceased, were allowed full death benefit, amounting to $3,300, because of the death of said Silvio Marsili which was brought about by an industrial accident. It is not contended that the facts do not present a case for compensation, nor that the petitioners are not liable for the payment of the same. The controversy between the parties is as to whether the allowance should be made upon the basis of total or partial dependency of said wife and child.

Maria Marsili, the wife, and her infant daughter live in Italy and the deceased had been sending them money each month for their support. The evidence upon which the findings and award of the Commission are based consists of answers to interrogatories sent to Maria Marsili by the Commission and by the petitioners. The portions of this testimony which give rise to petitioners’ contention are as follows: Maria Marsili was asked if she did any work since her marriage. She replied that she did none, except housework and caring for her child. She was asked: “Do you own the home in which you live? A. No. Q. If not, who does own it, and, if you are required to pay rent, what is the amount of rent which you are paying per month? A. The owner is my father and I don’t pay rent. . . . Q. Since Silvio Marsili left Italy, have you been living in your own home? A. Tes. Q. If not, with whom have you been living and what relations do these persons bear to you or to your husband? A. Living with father, four brothers, and three sisters.” She then states that her husband sent her money from the time he came to America until his death, and it appears from the record that he sent the equivalent of $435 in nine months. She stated that this money was to support her child and herself. The questions and answers then continue: “What person or persons other than Silvio Marsili supported or assisted you in your support of yourself and your child since Silvio Marsili left Italy? A. No. Q. To what extent did these other persons assist in your support? A. None. Q. What income did you have since your husband left Italy? A. None. ... Q. At what amount do you estimate the average monthly cost of maintaining your