Pacific Indemnity Co. v. Industrial Accident Commission

CURTIS, J.

This is a proceeding to review an award of the Industrial Accident Commission in favor of Mrs. Minnie Jaynes, the mother of John Jaynes, who met his death while in the employ of the Page Modern Garage. The petitioner was the insurance carrier of the employer. The award was based upon the finding of the Commission that said John Jaynes left surviving .him his mother, who was wholly de

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pendent upon him. The amount of the award, aside from burial expense, was $4,446, payable $5.29 forthwith and the further sum of $18.52 per week, beginning September

8,

1927, and continuing until the whole of the award shall have been paid. It is further provided in the award that all payments shall bear interest from the date of the award until paid, or until the date at which payments become due.

Petitioner attacks the award upon three grounds. First, that there is no evidence to justify the finding of the Commission that the applicant, Mrs. Minnie Jaynes, was wholly dependent for her support upon the deceased. Second, insufficiency of the findings to support the award. Third, that the Commission exceeded its jurisdiction in allowing interest upon the deferred payments.

First. In support of its claim that there is no evidence to support the finding of the Commission that Mrs. Jaynes was totally dependent upon the earnings of her deceased son, petitioner relies upon certain evidence to the effect that Mrs. Jaynes was, at the time her said son was injured, receiving support from another of her sons, who was residing with her at said time, and also upon certain evidence that she was receiving compensation as manager of the apartment house in which she and her two sons were residing as tenants. The household of Mrs. Jaynes at the time of her son’s injury consisted of herself and her two sons, John, aged 27 years, and Herman, aged 22 years. The evidence shows that John was at the time he received the injury which caused his death receiving in wage five dollars per day, and that he worked six days a week. After taking out a few dollars each week for personal expenses he turned the balance of his wages over to his mother for the support of the family household. The amount thus paid his mother is shown by the evidence to be approximately $25 per week. The other son, Herman, had been out of employment since May 7, 1927, and only secured a position on August 14, 1927. The date upon which John Jaynes received his fatal injury was September 3, 1927. He died two days later. Herman Jaynes testified that he had contributed nothing to his mother’s support during the time he was out of employment, which was from May 7th to August 14, 1927, and that since securing employment, on account of a number of unsettled accounts owing to other persons,