Corcoran v. Pennsylvania Coal Co.
Corcoran v. Pennsylvania Coal Co.
Opinion of the Court
Opinion by
The claim of the appellants for compensation, based on their dependency on a minor son who was killed by accident, was disallowed by the referee for the reason that such dependency did not exist. This finding was approved by the compensation board from whose decision an appeal was taken to the court of common pleas where the finding of the referee, approved by the board, was affirmed. The appeal allowed to the court of common pleas under section 427 of the Act of June 26,1919, P. L. 642, amending the Act of June 2, 1915, P. L. 736, is “on matters of law,” and the only question of law presented
The judgment is affirmed.
Reference
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- Syllabus
- Worhmeris Compensation Law — Claim of parents of deceased employee — Dependency—Actual dependency — Evidence. In a claim under the Workmen’s Compensation Law by the parents against the employer of a deceased minor, it must be affirmatively established that the claimants were actually dependent on the decedent. The term dependency contemplates actual dependency, and must affirmatively appear in the record as a fact. The question is whether the contributions of the son were needed to provide the claimants with some of the ordinary necessities of life suitable for persons in their class and position. The statute was designed to provide compensation; that is, the making good of the loss of support. Where such loss did not exist, compensation does not accrue.