66 Ind. App. 340 | Ind. Ct. App. | 1918
— This is an appeal from an award of the full board made by the Industrial Board of Indiana. The finding of facts made by the board and the
“Award.
“It is therefore considered and ordered by the full board, that plaintiff be and is hereby awarded against the defendant, three hundred weeks’ compensation at the rate of $7.95 per week, beginning on the 21st day of February, 1917. It is further ordered that the defendant pay the costs of this proceeding.It is further ordered that the defendant pay the burial expenses of the said John Lawrence Croke
On the facts found there is no merit in the contention that appellee is.not the proper person to maintain this proceeding and receive the compensation legally due from appellant. Bloomington, etc., Stone Co. v. Phillips (1917), 65 Ind. App. 189, 116 N. E. 850; Murphy’s Case (1914), 218 Mass. 278, 105 N. E. 635; In re Peters (1917), 65 Ind. App. 174, 116 N. E. 848; In re Carroll (1917), 65 Ind. App. 146, 116 N.
The finding of facts shows that the deceased contributed all his earnings to his mother and that she placed them in a common fund, made up of his wages, the earnings of his brother and the support money paid by the father in pursuance of an order of court.
The facts show that all the wages of the deceased were placed in the common fund. Such being the case the basis of the award was not changed by the fact that he as well as other members of the family received support from the common fund. The Indiana statute as interpreted does not strike a balance to determine whether the deceased in such cases as this was a financial asset or a liability to the person or persons entitled to compensation under the Workmen’s Compensation Act, supra. The average weekly wage contributed to the common family fund, held and managed by the mother, furnishes the basis for determining the amount of compensation due appellee, without being diminished as contended for by. appellant. Had the deceased used part of his earning’s without ever placing them in the common fund, and only placed a portion thereof in such fund, a different question would have been presented. The
The award of the full board is affirmed.
Note. — Reported in 118 N. E. 314. Workmen’s compensation: who are “dependents” within meaning of act, L. R. A. 1916A 121, 249, L. R. A. 191TD 157, Ann. Cas. 1913E 480, 1918B 749.