29 Ga. App. 628 | Ga. Ct. App. | 1923
This case originated before the Industrial Commission of Georgia, and is before this court upon an exception to the judgment of the superior court affirming an award of the commission under the workman’s compensation act of 1920 (Ga. L.
In providing for the relief of persons .dependent for support upon the earnings of a deceased employee, the act, in sections 38(b) and 38(c), provides:
38(b) “ The employer shall pay the dependents of the employee wholly dependent upon his earnings for support at the time of the injury a weekly payment equal to one half of his average weekly wages, but not more than ten dollars nor less than five dollars for a period of three hundred weeks from the date of the injury.”
38(e) “If the employee leaves only dependents partly dependent upon his earnings for support at the time of the injury, the weekly compensation to be paid as aforesaid shall be equal to the same proportion of the weekly payments for the benefit of persons wholly dependent as the amount contributed by the employee to such partial dependents bears to total dependency at the time of the injury.”
Eestated, section 38 (c) provides as follows: The weekly compensation awarded shall be to the sum awarded had the dependents been total dependents, as the' amount of the weekly contribution which had been made by the deceased to the partial dependents is to the amount representing the total dependency at the time of the injury. Since this award was made the legislature has amended section 38 (c) and changed the method of computation by providing that the compensation awarded shall be to the sum awarded had the dependents been total dependents as the amount of the average weekly contribution by the deceased to the partial dependents is to the “average weekly wages [of the deceased employee] at the time of his injury.” Ga. L. 1933, p. 185. Of course, the provisions of the act as they stood before the amendment must be applied to this case. In order to determine what is a correct award for partial dependents, as. provided in section 38 (c) of the act before it was amended! it is necessary to determine: (1) the amount of the award for persons totally dependent upon the deceased employee; (3) the amount contributed to the support of such partial dependents by the deceased employee; (3) the
Judgment reversed with direction.