81 Ind. App. 213 | Ind. Ct. App. | 1923
On October 24, 1919, an award of compensation was made against appellee and in favor of appellant, the widow, and George Cullen, Junior, dependent son of George Cullen, deceased, in the sum of $13.20 per week for a period of 300 weeks. On September 4,1920, appellee filed its application for a change of award because of changed conditions against Elizabeth Cullen, alleging that she remarried on June 11, 1920, and praying an order that compensation cease as to her.
On November 10,1920, the full Industrial Board made the following finding of facts and award: “That on the 15th day of October, 1919, one George Cullen was in the employment of the defendant at an average weekly wage in excess of $24; that on said date he received a personal injury by an accident arising out of and in the course of his employment, resulting in his death on said date; that the defendant had actual knowledge of the injury and death of the said George Cullen at the time of the occurrence; that on the date of his injury and death the said George Cullen was living with the plaintiff, Elizabeth Cullen, who was his lawful wife, and his son, George Cullen, Junior, three years of age; that on the 22nd day of October, 1919, the plaintiff, Elizabeth Cullen, personally, and as trustee for George Cullen, Junior, and the defendant entered into a compensation agreement whereby the defendant agreed to pay to the plaintiff personally and as trustee compensation at the rate of $13.20 per week for 300 weeks beginning on the 15th day of October, 1919, payments to be made every four weeks; that under said agreement, the defendant paid to the plaintiff, personally and
The award is reversed with instructions to the Industrial Board to award to each of these children $6.60 per week from the date of the remarriage of their mother, June 10, 1920, to continue for 256 weeks from that date, less the amount of any compensation that has been paid to them since that date.