Parker v. Turpin
Parker v. Turpin
Opinion of the Court
delivered the opinion of the Court.
This is a workmen’s compensation case brought pursuant to our Act (sec. 50-901 et seq. T.C.A.). The particular Section involved in this appeal is sec. 50-1013, T.C.A., subdivisions (10) and (11) thereof, as amended by the Acts of 1959, found in the Supplement to the Code. All the facts making it a compensable case under the Act are agreed to, save the single question of whether or not the original petitioners were partial dependents of a deceased son and brother, Eugene Turpin, who lost his life in an accident occurring in the course of his employment.
The factual situation developed before the trial judge is primarily based upon the evidence of the mother and
The deceased, Eugene Turpin, was twenty-four (24) years old and was driving a truck for the appellant Parker at the time he was killed on August 5, 1960. At that time the mother, Pearl Turpin, was working and earning a salary of $120.00 a month. Dependency entitling one to compensation is to be determined as of the time of the accident, unaffected by subsequent conditions. Johnson Coffee Co. v. McDonald, 143 Tenn. 505, 226 S.W. 215, and others. At the time of this accident the deceased in addition to his parents was survived by five brothers and sisters, three of whom were minors, living at the home of the original petitioners, and these three minor children were found to be partial dependents of the deceased as well as the mother.
The trial court found:
“With the periods of unemployment considered, that is, the periods when he did not work, and further considering and estimating his weekly contributions to his mother, it is the court’s conclusion that Eugene contributed nothing to his father and not over $7.50 a*16 week to Ms mother, who was dependent on his contributions for herself and the minor brothers and sister of the deceased, they being partially dependent upon him, for 20 percent of the mother’s total income. That would entitle them to the minimum death award of $15.00 a week for the statutory period provided by the statute therefor.”
Obviously the language above can be confusing. After giving a careful study we have concluded that the finding of the trial judge was that the deceased contributed $7.50 a week to his mother who at that time had a $30.00 a week income, this making her total income $37.50 a week, and that twenty (20%) percent of this amount would be what this boy contributed to these minor children, making an additional $7.50, or an award of $15.00 a week. This record supports such an award, as there is ample evidence herein as to purchases of clothes, food, various things, etc., and the giving of money to these minor children. Consequently there is evidence in this record to support such a finding, and when there is evidence to support such finding we are bound thereby. See the Warmser case, supra, and authorities therein cited.
The contentions of the appellant here first is that this proof does not warrant contributions in this amount, and that the mother and these minor children are not partial dependents of the deceased. As we said above though this matter is foreclosed because there is ample evidence to support such a finding.
It is next contended that the award as stated in the quotation of the finding of the judge above is only for $7.50 a week and not for $15.00 a week, and that,
Section 50-1013(10), T.C.A., provides:
“Partial dependents to receive proportion. Partial dependents shall be entitled to receive only that proportion of the benefits provided for actual dependents which the average amount of the wages regularly contributed by the deceased to such partial dependent at, and for a reasonable time immediately prior to the injury, bore to the total income of the dependent during the same time.”
This Section of the Act is to all intents and purposes identical with subsection (15) of the Acts of 1919 as is interpreted by this Court in Bohlen-Huse Coal & Ice Co. v. McDaniel, 148 Tenn. 628, particularly at page 635, 257 S.W. 848, wherein the formula is set forth as to just how such a division should be made.
“Compensation in case of death. The compensation payable in case of death to persons wholly dependent shall be subject to a maximum of thirty-four dollars ($34.00) a week and a minimum of fifteen dollars ($15.00) a week; provided, that if at the time of injury the employee receives wages of less than fifteen dollars ($15.00) a week, the compensation shall be the full amount of such wages a week, but in no event shall the compensation payable under this provision be less than twelve dollars ($12.00) a week. The compensation payable to partial dependents shall be subject to the same maximum and minimum specified in the foregoing sentence; provided, however} that if the income loss of said partial dependents by such death be less than fifteen dollars ($15.00) per week, then the dependents shall receive the full amount of the income loss. This compensation shall be paid during dependency not to exceed the maximum of twelve thousand and five hundred dollars ($12,500), payments to be paid at intervals when the wage was payable as nearly as may be.” (Italics ours.)
Thus it is that this italicized sentence from the Act which is plain and unambiguous, is particularly applicable here. If the contribution to these partial dependents was less than $15.00, that is was $7.50 as contended by the appellants, this total amount of $7.50 would be paid. There is no minimum when the sum is less than $15.00; it is the sum contributed. Under the finding of the trial judge though, as we have interpreted heretofore, there
A careful reading of Finley v. Keisling Lumber Co., 162 Tenn. 184, 35 S.W.2d 388, will demonstrate the fact that where a minimum is awarded under the statute this does not stand for division or apportionment, because it is the minimum under the statute and regardless of whether or not there is the attaining of adulthood, marriage, or whatnot of these children, still the employer is liable for the full amount of this minimum.
It is for the above reasons that the judgment of the trial court must be affirmed.
Reference
- Full Case Name
- Walter Parker and Employers Insurance Company of Alabama v. Harrison Turpin, Sr.
- Cited By
- 1 case
- Status
- Published