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eBook details

• Title: Matter Claim Charles Jardine Et Al. v. Drake-Crafe-Winston-Cecon-Conduit Et Al.
• Author : Supreme Court of New York
• Release Date : January 19, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 76 KB

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[5 A.D.2d 727 Page 727] Appeal by the employer and insurance carrier from a decision of the Workmen's Compensation Board, awarding death benefits
of $20 per week to each of the parents of the decedent, who at the time of his death was 24 years of age and unmarried. The
only question raised on this appeal is the question of whether both parents were dependent upon the decedent for support.
The decedent's father was earning $2,700 per year, or $2,622 per year "take-home" pay, at the time the decedent suffered the
fatal accident. In addition to this salary, his employer provided the father an apartment, with light and fuel. The family
cash expenditure ran $3,296 per year, leaving a deficit of $674 in the total family budget. The decedent's contributions for
the year preceding his death varied from $15 per week, while he was unemployed and receiving unemployment insurance, to $50
per month, while he was employed and living away from home and getting home only weekends. In addition to his regular contributions,
he paid $200 on a television set for his parents and he had also given his mother some clothes. A question is raised by the
appellants as to the propriety of some items listed in the family budget, notably items of automobile expense and vacation
and entertainment expense, but we believe that, under the circumstances of the case, the board had the right to treat these
items as reasonable and necessary expenditures from the family funds. The board was therefore justified in finding dependency
of the family unit. However, it does not follow that every member of the unit should be treated as a dependent and a separate
award made to him. Where the head of the family has substantial earnings, more than sufficient to support himself, it has
been customary for the board to make an award to the other members of the family unit who were in need of assistance from
the deceased employee. See, for example, the recent cases of Matter of Metros v. King Furniture Co. (3 A.D.2d 779) and Matter
of Reed v. Deitz (1 A.D.2d 861); see, also, Matter of Germano v. Louis Longhi & Son (262 App. Div. 897, motion for leave
to appeal denied [5 A.D.2d 727 Page 728306]

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