Lovasz v. Carnegie Steel Co.

Citations

• 266 Pa. 84
• 109 A. 601
• 1920 Pa. LEXIS 504

Syllabus

<p>WorJcmerís compensation — Death—Commuted payments — Protection of minor’s interests — Payment to widow.</p> <p>1. The Workmen’s Compensation Board in commuting payments made for the death of a workman, has no authority to direct payment of the whole commuted sum to the widow, without protecting the minor children of the decedent. In such a, case the widow is not entitled to have the payments commuted without the joinder of a guardian acting under the authority of the court.</p> <p>2. The standing of the children is just as high as that of the widow when commutation is asked, and while the fund as such may not be. divided, the children’s interest is, nevertheless, such an interest as will entitle them to be party to any proceeding looking toward commutation.</p> <p>3. Whenever the Workmen’s Compensation Act is silent with respect to the adjustment of any particular claim or interest in a fund allowed by it, or the orderly administration of this fund to preserve such interest, the law, as it previously existed, will step in and fill the gap which might otherwise occur.</p> <p>4. As the act is silent as to the proper care of minor children’s interest in a commuted fund, the court will enforce the remedy that would ordinarily apply had such fund been under administration as the estate of a minor.</p>