London Guarantee & Accident Co. v. Industrial Accident Commission

PRESTON, J.

By this proceeding petitioner seeks to have annulled an order, made by respondent Industrial Accident Commission, awarding compensation in the sum of nine hundred dollars to one John Murray, as a partial dependent, on account of death of his son, Ralph, through injury received in the ordinary course of employment. Upon petition for writ of review the district court of appeal for the second district annulled the award and the cause is now before us for hearing. Petitioner appears as the insurer of the employer of said deceased, Ralph Murray.

The sole question to be determined is whether the evidence adduced before respondent Commission sufficiently supports its findings and establishes, first, that the father was at least partially dependent upon his said son for support, and, second, that part of the earnings of said son were

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actually turned over to the father and used by him for his said support and maintenance.

It will suffice to state without setting forth the evidence at length that it substantially imports the following facts: The aged father, a man of seventy-six years at the time of death of the son, was injured during 1920 or 1921 in an automobile accident. As a result he became totally incapacitated for work and suffered a mental breakdown, his mental state growing worse with passing years. He had theretofore been alienated from his wife and family and had for some twenty years led a solitary life, existing as a miser in rough shacks along the bank of the.Mississippi River and occupying himself with picking up old rags, bottles, etc. He suffered the continued mental delusion that he was absolutely penniless and without means of livelihood or support. Continuously throughout the years of the father’s incapacity said deceased son had sent him each month the sum of twenty-five dollars. Although there were six other children apparently none of them had ever contributed to the support of their father and it is questionable whether their circumstances were such as would have enabled them to do so. Shortly after the death of Ralph, another son, Walter, secured the commitment of the father to an insane asylum.