Standard Varnish Works v. Industrial Accident Commission

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SHENK, J.

The purpose of this proceeding is to annul an award of the Industrial Accident Commission. Richard W. Minderman, a minor of the age of sixteen years, was employed on July 2, 1924, as assistant shipping clerk by the petitioner, Standard Varnish Works, a corporation. The petitioner, State Compensation Insurance Fund, is the insurance carrier. About three weeks after the employment began the young man was killed in an elevator accident. It is conceded that the accident arose out of and in the course of the employment. At the time of his death he was receiving wages from said corporation at the rate of fifteen dollars a week. During the period of said employment he was and had been for more than a year prior thereto employed at night as a messenger by the Pacific Telephone and Telegraph Company. From the latter employment he received an average of $33.93 a month and a small additional amount by way of tips. All of his earnings were turned over to his mother, Adeline Minderman, who used the same with other sources of family income for the general family living expenses, including the maintenance of the deceased. The members of the family at the time of the death of deceased were the mother, a brother, a sister, and himself, all contributing to the family income. The mother applied to the respondent Commission for an award on account of partial dependency. After proceedings duly taken in that behalf the Commission found that the mother was partially dependent on the deceased for support, that the annual contribution of the deceased toward her support, after certain deductions, was $741, and made an award in her favor as a death benefit in the sum of $2,123, payable in weekly installments of $9.26.

Two points are made by the petitioners. It is first contended that the award was erroneous because the “average annual earnings” of the deceased were not arrived at as contemplated by the statute (sec. 12 [a], Stats. 1917, p. 842). It appears that the deceased had just completed his second year as a student at the Liek-Wilmerding High School in San Francisco. During his attendance at that school he was working out of school hours for the telephone company. When the vacation period arrived in June, 1924, he sought and obtained emplojonent with the petitioner, Standard Varnish Works. The respondent Commis

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