Associated Indemnity Corp. v. Industrial Accident Commission

VAN DYKE, P. J. Elizabeth S. Ritchie filed an application with the respondent commission for adjustment of claim on behalf of herself and Gerald Pollinger, a minor, and grandson of Elizabeth. 'Both claimed as dependents of Sydney E. Braden who was accidentally killed in the course and scope of his employment. Petitioner, as insurance carrier for the [565]employers, contested the claims upon the ground that neither applicant was a dependent o£ Braden. Respondent denied the application of Elizabeth and awarded a $7,000 death benefit to Gerald. Elizabeth has not sought a review, but petitioner seeks a review of the order granting the award to Gerald.

The facts are these: Gerald, who was 13 years of age at the time of Braden’s death, was the son of Joseph and Elizabeth Pollinger, who at all times herein material resided in New Jersey. They had a family of four children, including Gerald; and Joseph was steadily employed, earning about $90 a week. Gerald from infancy had been afflicted with rheumatic fever and his health had been bad. Medical advice had been given that the climate of California, where his maternal grandmother, Elizabeth, resided, would be beneficial, and Elizabeth journeyed to New Jersey with the idea of bringing him to California. She had been living with Braden in meretricious relationship, which fact was unknown to Gerald and his parents until after Braden’s death. She and Braden had publicly assumed the relationship of husband and wife. Both were unmarried. When Elizabeth returned from New Jersey she brought Gerald with her under an arrangement with his parents that he would stay with her for an indeterminate period, with the hope that the California climate would cure his affliction. While he was here he was to be supported by Elizabeth, and this for the reason that, although his parents could provide for him at the family home, yet they could not send money for his separate maintenance in California. Braden met them at the train and Elizabeth introduced him to Gerald as “your new grandfather. ’ ’ The two adults continued their relationship up to the time that Braden was killed, and during that period Braden supported the three, although for some time Elizabeth was in receipt of a weekly disability indemnity on account of an industrial injury which she had suffered. She testified that Braden had been the sole support of Gerald for the year and a half which ensued between his arrival in California and the death of Braden; that Braden had turned over his weekly paycheck to her and she had paid all the bills, being able to save some money. Gerald was placed in school. His health condition improved, but no determination to return him to New Jersey had been arrived at when Braden died. Braden apparently lived on terms of affection with both Elizabeth and Gerald, spending considerable time with the minor when not working, buying him presents and giving him some spending money. Elizabeth estimated that Braden’s support, which