Empire Zinc Co. v. Industrial Com'n

• Decision Date: 03 April 1922
• Docket Number: 10273.
• Citation: 71 Colo. 251,206 P. 158
• Parties: EMPIRE ZINC CO. v. INDUSTRIAL COMMISSION et al.
• Court: Colorado Supreme Court

206 P. 158

71 Colo. 251

EMPIRE ZINC CO. v. INDUSTRIAL COMMISSION et al.

No. 10273.

Supreme Court of Colorado, En Banc.

April 3, 1922

Error to District Court, City and County of Denver; Julian H Moore, Judge.

Proceeding by Zuzanne Zajac against the Empire Zinc Company before the Industrial Commission for an award. From a judgment of the district court confirming findings and an award by the Commission in favor of plaintiff, defendant brings error.

Affirmed.

On review of an industrial commission case, the appellate court may consider only the question of whether there is evidence to support the findings of the commission. The award is conclusive upon all matters of fact properly in dispute where supported by evidence or reasonable inference to be drawn therefrom.

Edward C. Stimson and Page M. Brereton, both of Denver, for plaintiff in error.

Victor E. Keyes, Atty. Gen., John S. Fine, Asst. Atty. Gen., and Jacob Schaetzel and Walter E. Schwed, both of Denver, for defendants in error.

WHITFORD J.

This is an action brought in the district court of the city and county of Denver to set aside the finding and award of the Industrial Commission in the matter of the claim of Zuzanne Zajac under the Workmen's Compensation Act (Laws 1919, p 700). The court confirmed the findings and award of the Commission, and the plaintiff brings error.

The findings of the Commission, so far as now material, are as follows:

'From the evidence submitted herein, the commission further finds that the decedent and the claimant, Zuzanne Zajac, were married February 17, A. D. 1901, in Val. Dubova, then a part of Austria. That the decedent came to America some time in 1902, and from that date until the date of his death, lived in the United States of America. That as a result of the marriage above described one child was born, now 19 years of age, and married to Paul Kerewkini, of Val. Dubova, now Czecho-Slovakia Republic. That during all of the time between 1902 and a short time prior to the decedent's death, the claimant and the decedent kept in touch with each other and recognized the relationship that existed between them. That prior to the World War the decedent contributed to the support of the claimant herein. That on March 30, A. D. 1920 the decedent wrote a letter to the claimant which would indicate that he was in hopes of returning soon to his family in Europe, and that he had endeavored, to the best of his ability, to write to the claimant and in other ways clearly recognized the relationship existing between the decedent and the claimant.

'We feel that we must take notice of the war conditions that have existed in the world since 1914. It is a matter of common knowledge that communication between Europe and the United States, since the declaration of war in 1914, has been difficult and at times impossible. * * *

'In this case, the claimant has established her relationship to the decedent. Her evidence clearly indicates that the separation between the decedent and the claimant was not voluntary on the part of either. We, therefore, find that the claimant was not voluntarily separated or living apart from the decedent at the date of his death.

'We further find that the decedent made no contribution to the claimant during the period of the World War beginning 1914 and continuing to the date of his death. We hold, however, that where the evidence of the marriage relation is proven, and it is established that such relationship continued until the date of decedent's death, the marriage under our law is sufficient to entitle the wife to claim

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