Anderson v. ætna Bricklaying & Construction Co.

• Decision Date: 05 May 1930
• Docket Number: No. 16849.,16849.
• Citation: 27 S.W.2d 755
• Court: Missouri Court of Appeals
• Parties: ANDERSON v. ÆTNA BRICKLAYING & CONSTRUCTION CO. et al.

27 S.W.2d 755

ANDERSON v. ÆTNA BRICKLAYING & CONSTRUCTION CO. et al.

No. 16849.

Kansas City Court of Appeals. Missouri.

May 5, 1930.

Appeal from Circuit Court, Jackson County; Darius A. Brown, Judge.

Proceeding under the Workmen's Compensation Act by Mrs. Charles A. Anderson for the death of Charles A. Anderson, her husband, claimant, opposed by the Ætna Bricklaying & Construction Company, employer, and the Maryland Casualty Company, insurer. From a judgment of the circuit court affirming an award, the employer and insurer appeal.

Affirmed.

Harris & Koontz, of Kansas City, for appellants.

Julius C. Shapiro, of Kansas City, for respondent.

BOYER, C.

Claim for death benefits under the Missouri Workmen's Compensation Law. Charles A. Anderson was the employee; Ætna Bricklaying & Construction Company, the employer; and the Maryland Casualty Company, the insurer. It is admitted that the employer and the employee were within the provisions of the act, and that the employee met his death through accident arising out of and in the course of his employment on October 29, 1928. The deceased left surviving him his widow and an infant daughter, Cora Mae. In due time the widow filed with the commission her claim for death benefits. The employer, through its insurer, filed its answer in which it stated that it was willing to pay $6,000 compensation for death; that a tender of partial payment had been made and was refused by claimant, who demanded an excessive sum.

The claim was heard by a member of the commission, who found as a fact that the deceased's average weekly wage was $57.69, and rendered an award of $11,538, payable $20 per week for 576.9 weeks, together with an allowance of $150 for burial expenses. The finding and award was reviewed by the entire commission, which approved same and made its award "to Mrs. Charles A. Anderson the sum of $20 per week for 576.9 weeks until prior death or remarriage, remainder to Cora Mae Anderson, as her rights and interest may appear." The total amount of the award was arrived at by multiplying 66 2/3 per cent. of the average weekly wage by 300. The employer and the insurer appealed to the circuit court of Jackson county, and that court affirmed the finding and award of the commission. From the judgment so rendered this appeal is duly prosecuted.

It is stated by appellants that there is no dispute as to the facts in the case, and that the sole question is one of law involving the interpretation of the Workmen's Compensation Act in reference to the maximum amount of death benefits which may be awarded. They contend that the maximum award permissible under the act is $20 per week for 300 weeks, or a total sum of $6,000; and that the court erred in affirming the award to the extent that it exceeds $6,000, such excess being contrary to the meaning and the legislative purpose and intent as shown by the compensation law. Respondent contends to the contrary.

Opinion.

Jurisdiction of the appeal is in this court, notwithstanding the total award of $11,538. The employer and insurer offered to pay $6,000, and the difference between that sum and the amount awarded is the real amount in dispute. The Supreme Court has so said in the case of Sleyster v. Donzelot et al., 20 S.W.(2d) 69, in which the question of jurisdiction was raised and the case was...