162 S.E. 909 (N.C. 1932), 517, Heavner v. Town of Lincolnton

Docket Nº:517.
Citation:162 S.E. 909, 202 N.C. 400
Opinion Judge:BROGDEN, J.
Party Name:HEAVNER v. TOWN OF LINCOLNTON et al.
Attorney:W. H. Childs and W. A. Dennis, both of Lincolnton, for appellant. David P. Dellinger, of Cherryville, and Burgess & Baker, of Raleigh, for appellees.
Case Date:March 16, 1932
Court:Supreme Court of North Carolina
 
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Page 909

162 S.E. 909 (N.C. 1932)

202 N.C. 400

HEAVNER

v.

TOWN OF LINCOLNTON et al.

No. 517.

Supreme Court of North Carolina

March 16, 1932

Appeal from Superior Court, Lincoln County; Moore, Judge.

Proceeding under the Workmen's Compensation Act by the Maryland Casualty Company, insurance carrier, to have determined person entitled to compensation for the death of Harry Heavner, an employee of Town of Lincolnton. From an order of superior court affirming award of entire commission of compensation to Mrs. Lena Heavner, employee's widow, Mrs. Mary Belle Heavner, employee's mother, appeals.

Affirmed.

Industrial commission created by Workmen's Compensation Act is not unconstitutionally created "court," but valid administrative agency performing duties judicial in nature (Laws 1929, c. 120).

Harry Heavner, while regularly employed by the town of Lincolnton, suffered an injury by accident, that arose out of and in the course of his employment, resulting in death. At the time of his death he left a wife, Lena Heavner, and his mother, Mrs. Mary Belle Heavner, who is the plaintiff in this action. The wife was wholly dependent upon her husband for support, and the mother, who lived with the deceased, was partially dependent. The evidence tended to show that the mother, plaintiff in this action, owned a five-sixths undivided interest in a farm in Lincoln county, and that she received from the Jefferson Standard Life Insurance Company the sum of $2,865, constituting the proceeds of a policy of life insurance which the son carried upon his life, payable to the mother. The carrier applied to the Industrial Commission to determine who should receive the compensation under the provisions of the Workmen's Compensation Act (Laws 1929, c. 120). Thereupon a hearing was had before Commissioner Dorsett on December 10, 1930, and all parties appeared and were all represented by counsel. After hearing the evidence, Commissioner Dorsett found as a conclusion of law that the widow, Lena Heavner, wife of the deceased, was entitled to receive the entire compensation. From the award so made the mother of the deceased, plaintiff in this action, appealed to the full commission. A time was set for the hearing by the full commission and the plaintiff appeared through counsel and made a motion before the commission to transfer the cause to the superior court of Lincoln county for that: (1) The...

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