Harding v. State Comp. Comm'r Et At., (No. 7908)
| Court | Supreme Court of West Virginia |
| Citation | 114 W.Va. 817 |
| Decision Date | 17 April 1934 |
| Docket Number | (No. 7908) |
| Parties | Mrs. Roy G. Harding, who sues on behalf of Hollie Paxton v. State Compensation Commissioner et at. |
114 W.Va. 817
Mrs. Roy G. Harding, who sues on behalf of Hollie Paxton
v.
State Compensation Commissioner et at.
Supreme Court of Appeals of West Virginia.
Submitted April 10, 1934.
Decided April 17, 1934.
[114 W.Va. 817]
1. Master and Servant'
The question of dependency under the Workmen's Compensation Law of West Virginia is not to be determined by ordinary legal or ethical conceptions, but by the classification of dependents made by that law itself.
[114 W.Va. 818]
2. Master and Servant
An infant son (under sixteen years of age) who for a number of years has not received any support whatever from the earnings of his father, is not a dependent under the Workmen's Compensation Law.
Appeal from State Compensation Commissioner.
Proceedings nnder the Workmen's Compensation Law by Mrs. Roy G. Harding, who sues on behalf of Hollie Paxton, alleged dependent, for compensation for the death of Lawrence Paxton, deceased. From a ruling of the State Compensation Commissioner denying compensation, the claimant appeals.
Affirmed.
England & Ritchie, for appellant.
Homer A. Holt, Attorney General, and Kenneth E. Hines, Assistant Attorney General, for respondent.
Hatcher, Judge:
This case presents the sole question, shall benefits under the Workmen's Compensation Law be paid to a child of a deceased workman, when the child, though dependent on the father under general law, was not in fact supported by him at the time of his death.
Lawrence Paxton was killed in 1932 while at work for a subscriber to the workmen's compensation fund. He left a son, Hollie, then ten years old. Benefits for Hollie under the compensation statutes were refused by the compensation commissioner.
In 1924, Hollie's mother placed him with a stranger, Mrs. Roy Harding, and promised to pay her $8.00 weekly for his maintenance and support. He has remained with Mrs. Harding ever since. Mrs. Paxton made payments to Mrs. Harding for "a short time" after she took the child, and then failed to pay anything until the fall of 1933. Mrs. Harding never had any dealings whatever directly with Mr. Paxton. Her sister heard him promise Mrs. Paxton to help care for Hollie if he were placed in a private family. Whether Paxton kept that promise in any...
To continue reading
Request your trial
-
Orouin v. Ellis C. Snodgrass Co.
...et al, 225 Mo.App. 1205-1211, 36 S.W.2d 684; Sweet v. Sherwood Ice Co., 40 R.I. 203, 100 A. 316; Harding v. State Compensation Com'r, 114 W.Va. 817, 174 S.E. 328; Utah Fuel Co. v. Industrial Commission, 80 Utah 301, 15 P.2d 297, 86 A.L.R. 858; Lloyd-McAlpine L. Co. v. Industrial Comm., 188 ......
-
Johnson v. West Va. Office of The Ins. Comm'r, 35382.
...conceptions, but by the classification of dependents made by that law itself.” Syl. pt. 1, Harding v. State Compensation Commissioner, 114 W.Va. 817, 174 S.E. 328 (1934). Edwin H. Pancake, Esq., Maroney, Williams, Weaver & Pancake, Charleston, WV, for Appellant.Karin L. Weingart, Esq., Spil......
-
Wilson v. Hill
...presumed to be dependent, but as to all others proof of actual dependency was required. In Harding v. State Compensation Commission, 114 W. Va. 817, 174 S.E. 328, the West Virginia statute specifically required proof of actual dependency in whole or in part for all children of the employee.......
-
Simpson v. State Comp. Comm'r, (No. 7864)
...15 Gratt. 588, all binding on this court, established beyond question that the statute conferred upon an illegitimate the same legal kin- [114 W.Va. 817] ship to his mother, uterine brothers and sisters, and other blood kindred through the mother, as if he were legitimate. Therefore, the re......
-
Orouin v. Ellis C. Snodgrass Co.
...et al, 225 Mo.App. 1205-1211, 36 S.W.2d 684; Sweet v. Sherwood Ice Co., 40 R.I. 203, 100 A. 316; Harding v. State Compensation Com'r, 114 W.Va. 817, 174 S.E. 328; Utah Fuel Co. v. Industrial Commission, 80 Utah 301, 15 P.2d 297, 86 A.L.R. 858; Lloyd-McAlpine L. Co. v. Industrial Comm., 188 ......
-
Johnson v. West Va. Office of The Ins. Comm'r, 35382.
...conceptions, but by the classification of dependents made by that law itself.” Syl. pt. 1, Harding v. State Compensation Commissioner, 114 W.Va. 817, 174 S.E. 328 (1934). Edwin H. Pancake, Esq., Maroney, Williams, Weaver & Pancake, Charleston, WV, for Appellant.Karin L. Weingart, Esq., Spil......
-
Wilson v. Hill
...presumed to be dependent, but as to all others proof of actual dependency was required. In Harding v. State Compensation Commission, 114 W. Va. 817, 174 S.E. 328, the West Virginia statute specifically required proof of actual dependency in whole or in part for all children of the employee.......
-
Simpson v. State Comp. Comm'r, (No. 7864)
...15 Gratt. 588, all binding on this court, established beyond question that the statute conferred upon an illegitimate the same legal kin- [114 W.Va. 817] ship to his mother, uterine brothers and sisters, and other blood kindred through the mother, as if he were legitimate. Therefore, the re......