International Indemnity Co. v. Industrial Accident Commission

HAHN, J.,

pro

tem.

This matter comes before the court upon a writ of

certiorari,

the petitioner asking that an award of the Industrial Accident Commission of California be reviewed by this court.

It appears from the record that Terry D. Foster, an unmarried man, met his death while in the course of his em

[523]

ployment with the Reliance Oil Company at Huntington Beach, California. The" deceased left surviving him a mother and father and also four brothers and sisters, who were minors. At the time of Foster’s death, and for some time prior thereto, he was residing with his mother, father and family, although he was absent from home temporarily in his employment. The home located at Los Alamos stood in the name of the mother and was subject to a $2,000 mortgage, which was made payable in monthly installments of $50 each. At the time of the accident, and for several months prior thereto, the deceased had been working at Huntington Beach and had been monthly sending $50 to his mother at Los Alamos. The father of the deceased was working in the oil fields near Norwalk, and was sending to his wife on an average of $3.62% a day. The wife and mother maintained the home for the four minor children, who were attending school, and the money which she received from both her son and husband was placed in a common fund upon which the mother drew for the funds necessary to pay the $50 monthly on the mortgage, and also to provide food, clothing and maintenance for herself and the four minor children.

The Industrial Accident Commission made the following finding and award in favor of the mother of the deceased and her four minor children:

“Said employee left surviving him Sarah E. Foster, Fred Foster, Bernice Foster, James Foster and Ruth Foster, his mother, minor brother, minor sister, minor brother and minor sister respectively, who were partially dependent upon him for support. The annual contribution for their support was $700.00, this amount being based upon payments of $50.00 a month and the additional sum of $100.00 a year. Said sum of $50.00 a month was paid by the deceased to the dependents to be applied upon the payment of installments due upon a mortgage on the real property which constituted the home of said applicants, said payment being in fact and ultimate effect for the purpose of meeting current expense equivalent to rent and necessary to be paid to provide said dependents with a house in which to live. The payment of $100.00 a year was devoted to the purchase of clothing for said dependents. The death benefit to which said dependents are entitled is $2,100.00, payable in weekly