Opinion
November 22, 1961
Appeal by the employer and carrier from a decision of the Workmen's Compensation Board. The only question in this case is whether there is substantial evidence to support the finding of partial dependency of decedent's mother. The board has found that the mother was partially dependent upon decedent and has made an award of $27 per week. Decedent was 36 years of age and lived in the home with his father and mother, there being no other members of the family. The testimony is that he contributed $10 a week which the mother used to help buy the groceries. There is also a little vague and general testimony that decedent sometimes bought groceries (no figure or even an estimate being given). There is also general testimony that he worked some evenings and week ends in helping to construct a house in which the family were to live. At the first hearing the mother testified that she had earned approximately $1,000 the year prior to decedent's death, and that her husband had earned approximately $3,300. The board thought the record was inadequate to find dependency, and sent the case back to the Referee for further development of the record. At the second hearing the mother "estimated" her take-home pay for the year previous to decedent's death at approximately $750, and her husband's take-home pay at approximately $2,900. They pooled their income. Their own estimate of living expenses was $1,800 per year. These figures do not demonstrate even a question of fact as to dependency. Any payments by decedent or work performed by him did not exceed the normal contribution of an adult for his own housing and maintenance. There is nothing to indicate any reduction in the standard of living except in the bare conclusion of the mother that it is harder to get along. Award reversed and claim dismissed, with costs against the Workmen's Compensation Board. Coon, J.P., Gibson, Herlihy, Reynolds and Taylor, JJ., concur.