Harris v. Calcasieu Long Leaf Lumber Co.
Harris v. Calcasieu Long Leaf Lumber Co.
Opinion of the Court
Defendant appeals from, a judgment allowing plaintiffs compensation at the rate of 814.337 a week for 300 weeks, under the Employers’ Liability Act (Laws 1918, No. 38) for the accidental killing of their son. He was under 21 years of age and was the eldest of plaintiffs’ seven children. The father was earning 8156 a month. The deceased had been contributing approximately 844 a month to the support of the family, and to that extent the parents were dependent upon him for the family’s support. His average weekly wages were 826.14. The compensation allowed by the judgment is therefore 55 per cent, of the weekly wages for the 300 weeks; which is in accord with paragraph (g) of subsection 2 of section 8 of Act 38 of 191S, viz.:
“That for injury causing death within one year after the accident weekly compensation shall be paid under this act for a period of three hundred weeks to the following persons:
“(g) If there be neither widow or widower nor child, then to the father or mother of the deceased employee if actually dependent on the deceased employee to any extent for support at the time,of the injury and death, twenty-five per centum of wages; if in such event both the father and the mother of the deceased survive and were actually dependent on the deceased employee to any extent for support- at the time of the injury and death, fifty-five per centum of wages for their joint benefit.”
The judgment appealed from is affirmed at appellant’s cost.
Reference
- Full Case Name
- HARRIS et ux. v. CALCASIEU LONG LEAF LUMBER CO.
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- (Syllabus by Editorial Staff.) 1. Master and servant Under Employers’ Liability Act, § 8, sub-sec. 2, par. “g,” allowing surviving parents “actually dependent upon tbe deceased employee to any extent” 55 per' cent, of his wages for 309 weeks, the extent of liability is not measured by the extent of the parents’ dependency, and where the parents were actually dependent on the deceased employee to any extent, it was immaterial that only about half of his contributions to the family support was used for the support of others than himself. 2. Master and servant Under the Employers’ Liability Act, § 8, subsec. 2, par. “g,” parents of an employee are dependent on him if dependent on him for aid in supporting other children who are dependent upon them for support in. view of the legal and moral obligation of the parents to support their children under Rev. Giv. Code, art. 227. [Ed. Note. — For other definitions, see Words and Phrases, First and Second Series, Dependent.]