188 A.D. 380 | N.Y. App. Div. | 1919
On the 6th day of February, 1917, Vincenzo Bonnano, while in the employ of Metz Brothers Company, Buffalo, received injuries from which on that day death resulted. The only question on this appeal is whether the father and mother of the decedent, living in Italy, were dependent upon him at the time of his death.
There is no evidence in the record that the father and mother are living. There is a certificate, signed by “ J. Parini, Officer in charge,” that “ On the 21st day of January, 1859, Bonnano Antonino, son of Salvatore and of Schifano Giodanna, was born at Roccapalumba, as it is shown in the record of birth registered in the Bureau of Vital Statistics,” and a similar certificate is made of the birth of a female, who is supposed to be the mother of the decedent, as the former is assumed to be the father of the decedent, and a like certificate of the birth to these two of a son by the name of the decedent in 1902, and the claim of dependency upon this child, who was born on the 10th of January, 1902, and was killed on the 6th of February, 1917, when he was approximately fifteen years and one month of age, is crowding the Workmen’s Compensation Law about to the limit.
There is no evidence that this child of fifteen years of age had “ supported, either wholly or in part, for the period of one year prior to the date of the accident,” either the father or the mother; the general allegation of a brother and sister that “ when my brother Vincenzo, dead in consequence of an accident received in Buffalo, N. Y., on the 6th day
The award should be reversed and the proceeding remitted to the State Industrial Commission.
All concurred.
Award reversed and matter remitted to the State Industrial Commission.