t the earnings of the person who is no longer living,
but whether they were in fact supported in whole or in part by such
earnings intentionally by him. Occasional gifts do not prove
dependency, yet purely voluntary contributions may establish
dependency. Voluntary contributions of money, support or service by a
brother to a sister or by a sister to a brother are not complete
evidence of the dependency of either. Compensation cannot be awarded
to dependents who do not belong to the classes of relatives mentioned
in the statutes."
The phrase, actual dependents, means dependents in fact whether they
are wholly or partially dependent. Partial dependency, giving a right
to compensation may exist though the contributions are at irregular
intervals and of irregular amounts, and the dependent has other means
of supporting himself. An employee contributed all of his earnings to
his mother who was partially dependent on him for support. Five other
children contributed to the family fund. It was held that the mother
was entitled to a weekly compensation equal to one half of the weekly
compensation of her deceased son. A dependent who is an alien living
in a foreign country is not debarred from receiving compensation. By
some of the acts such compensation to nonresidents is limited to a
father or mother.
Children who are entitled to compensation as dependents include
stepchildren, illegitimate children, children adopted by the workman,
also posthumous, legitimate and illegitimate.
The federal act provides that if the injured artisan or laborer die
within the year after his injury "leaving a widow, or a child or
children under sixteen years of age, or a dependent parent, they shall
be entitled to compensation." The word parent, while including both
parents, does not include a stepfather or a stepmother, or a foster
parent who has not been legally adopted. The question of dependence is
one of fact; contributions by the deceased tend to establish this, but
are not conclusive. The word child or children used in the act is not
limited to a child or children born in wedlock, but includes
illegitimate offspring, and children legally adopted. If an injured
workman dies before he has made application for or received
compensation, it may be paid from the date of the injury to the date
of his death, as well as for the remainder of the year to his widow or
family.
The earnings of a workman are the basis for computing the amount of
c
|