Benjamin F. Shaw Co. v. Palmatory

Citations

• 30 Del. 197
• 7 Boyce 197
• 105 A. 417
• 1919 Del. LEXIS 14

Syllabus

<p>1. Master and Servant—Workmen’s Compensation Act—Dependents.</p> <p>Persons in the enumerated classes in Workmen's Compensation Law, § 104, par. 8, may be wholly or partially dependent on the employe and come within the contemplation of the provisions, if dependency existed at the time of the injury.</p> <p>One claiming to be a “dependent” under the Workmen’s Compensation Act, § 104, par. 8, must show that the contributions of a deceased employe were relied upon for his living, judging this by the position in life of the claimant, mere receipt of contributions to maintain in idleness those who are able and have the capacity to provide for themselves not mailing them dependents.</p> <p>2. Master and Servant—Workmen’s Compensation Law—Dependency—“Support.”</p> <p>“Support,” as applied to “dependency” under Workmen's Compensation Law, § 104, par. 8, is broader than food, clothing, and shelter, and includes all such means of living as would enable a claimant to live in the degree of comfort suitable and becoming to his station of life, but does not include luxuries.</p> <p>3. Master and Servant—Workmen’s Compensation Law—Dependency.</p> <p>The condition of health of a claimant under Workmen’s Compensation Law, § 104, par. 8, and the need for medicines and medical attention are subjects proper for consideration in determining the question of dependency.</p> <p>4. Master and Servant—Workmen’s Compensation Law—Dependency—Burden of Proof.</p> <p>While dependency under the Workmen’s Compensation Law, § 104, par. 8, may involve principles of law,_ dependency is a question of fact, and the burden of proving it rests upon him who claims it.</p> <p>5. Master and Servant—Workmen’s Compensation Law—Dependency—Sufficiency of Evidence.</p> <p>In a proceeding under the Workmen’s Compensation Law, evidence held sufficient to sustain a finding that claimants, the father and mother of deceased, were dependent within the meaning of section 104, par. 8.</p>