In re Pagnoni

• Citation: 230 Mass. 9,118 N.E. 948
• Parties: In re PAGNONI. In re CONTRACTORS' MUT. LIABILITY INS. CO.
• Decision Date: 09 March 1918
• Court: United States State Supreme Judicial Court of Massachusetts

230 Mass. 9

118 N.E. 948

In re PAGNONI.

In re CONTRACTORS' MUT. LIABILITY INS. CO.

Supreme Judicial Court of Massachusetts, Suffolk.

March 9, 1918.

Appeal from Superior Court, Suffolk County.

Proceedings by Guissepe Pagnoni and Santa Pagnoni for compensation under the Workmen's Compensation Act for death of Vincenzo Pagnoni, opposed by the C. A. Dodge Company, the employer ant the Contractors' Mutual Liability Insurance Company, the insurer. Compensation was awarded by the committee of arbitration, the award affirmed on review by the Industrial Accident Board, the insurer appealed to the superior court, and from its decree affirming the award, the insurer appeals. Decree reversed, and case remanded to the Industrial Accident Board to make an award in accordance with the opinion.

Norman F. Hesseltine and J. Frank Scannell, both of Boston, for appellant.

Gay Gleason, of Boston, and Alphonse Cangiano, of Dorchester, for appellees Pagnoni.

DE COURCY, J.

It is agreed that the employé died from an injury arising out of and in the course of his employment. The committee of arbitration found that the claimants, Santa Pagnoni and Guissepe Pagnoni, mother and father of the deceased, were partially dependent upon his earnings for support, at the date of his injury and death, and awarded compensation at the rate of $2.56 per week for 500 weeks. The Industrial Accident Board on review affirmed the findings and decision of the committee.

The only issue tried was that of the dependency of the claimants. Although the insurer filed more than fifty requests for rulings, we deem it necessary to consider only the three questions argued on its brief.

1. The claim for compensation filed by the attorney for the dependents on July 21, 1915, is the one relied on; and it complies with all the requirements of the statute. It states the time, place, cause and nature of the injury; it is signed on behalf of the dependents by the attorney who represented them at the hearing; and it was filed within six months after the death of the employé. St. 1911, c. 751, pt. 2, § 23 (as amended by St. 1912, c. 571, § 5) and section 15.

2. The contention that alien nonresident dependents are not entitled to compensation under our Workmen's Compensation Act is disposed of by Derinza's Case, 118 N. E. 942.

3. The award was made to the mother and father jointly. The statute (part II, § 7) provides that:

‘* * * If there is no one wholly dependent and more than one person partly...