Madera Sugar Pine Co. v. Industrial Accident Commission

WASTE, J.

This is a proceeding on a writ of review. Lilburn Mantón, while employed by the petitioner as a laborer, sustained injuries occurring in the course of, and arising out of, his employment, which resulted in his death. After proceedings duly had the Industrial Accident Commission found that the deceased employee left surviving, alone, and wholly dependent upon him, Lilburn Mantón, his son, aged five years, and awarded said minor child a death benefit in the sum of $4,900, payable weekly at a specified rate. The sole question presented upon the application is the correctness of an award predicated upon total dependency of the claimant. The respondent justifies its action upon two grounds,

first,

that it is supported by evidence of the existing facts, and,

second,

that it is warranted by the conclusive presumption as to the dependency of a minor, laid down in section 14 of the Workmen’s Compensation, Insurance and Safety Laws (Stats.

[351]

1919, p. 917, sec. 5). Both of these positions are challenged by the petitioner.

From the testimony adduced before the Commission it appears that at the time of and for three years prior to the death of Mankin, the employee, his minor child, the claimant, was not living with him, but resided with Mrs. Kate Manley, mother of Mankin’s deceased wife, and maternal grandmother of the boy. The circumstances which brought about this arrangement were as follows: The mother of the little boy died in November, 1918, when the child was but two years of age. Mankin, taking the boy with him, thereupon resided for a short period with Mrs. Manley, paying her eight dollars a week for a time, and later ten dollars a week, for himself and child. When he went away, apparently to return to his employment, he left the child with Mrs. Manley, and made an arrangement with her to pay her fifteen dollars a month for the support of the boy, and to supply necessary clothes for him as needed. This arrangement Mankin faithfully kept until his death. The arrangement was satisfactory to Mrs. Manley, and the amounts paid by the father were declared by her to be sufficient to cover all the expenses of board and clothing for the child. The boy was never sick, was too young to attend school, and needed but few clothes, which the father supplied, amounting to about thirty dollars a year.