190 A. 44 | N.J. | 1937
The sole question is whether the Court of Common Pleas of the county of Salem and the workmen's compensation bureau were correct in point of law in holding that the Employers' Liability statute does not provide compensation, on the death of an employe, to children illegitimately born to a woman before her marriage to the employe, who was not the father of the children.
Section 12 of the statute, as amended by chapter 135, Pamph.L. 1928, p. 286, thus defines those who are to be considered "dependents" within the application of the act:
"The term `dependents' shall apply to and include any or all of the following who are dependent upon the deceased at the time of accident or death, namely: husband, wife, parents, step-parents, grandparents, children, step-children, grandchildren, child inesse, posthumous child, illegitimate *599 children, brothers, sisters, half-brothers, half-sisters, niece, nephew. Legally adopted children shall in every particular, be considered as natural children * * *."
Those provisions, except for the words "child in esse" and "niece, nephew," which have no bearing upon the present issue, are as they were when the Court of Errors and Appeals (
This court, in Coyle v. Pension Commission,
We conclude that the finding below was correct. The judgment under review will be affirmed.