Dicenso's Case
Dicenso's Case
Opinion of the Court
The insurer appeals from a final decree of the Superior Court awarding the claimant widow total de
The employee died while at work as a result of a cave-in in a water filled trench. The claimant widow resides in Italy. The employee had been married to her in Italy on July 31, 1948, following the death of his first wife. The employee had four children by his first wife and lived with them in a house in Sulmona, Italy, which in company with them he inherited from her, until one by one the children and he emigrated. The employee came to the United States in 1953. The house is a small house and produces no income. The claimant widow was of uncertain health and did no income producing work. From time to time between March 21, 1958, and March 21, 1964, the employee sent money orders in modest amounts to his wife and returned to Italy on three occasions to live with her. It had been agreed that he should come to live and work in the United States with the thought that when he reached sixty-five years of age he could return to five permanently with his wife in Italy. His last visit to his wife was in December, 1964, and he came back to the United States in March, 1965, some two and a half months before his death. It was stipulated that the employee had a joint savings account with the claimant in the Charlestown Savings Bank in the amount of $9,289.91, which was closed by the administrator of the employee’s estate in August, 1965, and that the widow, who was not working, was living in the house to which reference has been made. It was also stipulated that he did not desert the claimant. There was evidence of a second bank account in the name of the employee.
The insurer contends that the board’s finding of total dependency is not warranted by the evidence and is tainted by error of law. General Laws c. 152, § 32 (a), establishes a conclusive presumption of total dependency for support when a wife is either living with her husband at the time of his death or, alternatively, is living apart from him for justifiable cause or because he has deserted her. Here the
The decree is reversed, and the case is to be remanded to the Industrial Accident Board for such further proceedings as may enable it to make findings on partial dependency.
So ordered.
Reference
- Full Case Name
- Angelo DiCenso's (dependent's) Case
- Cited By
- 1 case
- Status
- Published