In re Whitman
| Decision Date | 29 June 1922 |
| Docket Number | 11,484 |
| Citation | 136 N.E. 38,78 Ind.App. 506 |
| Parties | IN RE WHITMAN |
| Court | Indiana Appellate Court |
From the Industrial Board of Indiana.
Certified questions of law.
Proceedings under the Workmen's Compensation Act in the matter of one Lawrence Whitman. Certified questions of law by the Industrial Board.
Questions answered.
On July 15, 1918, one Lawrence Whitman, while in the employment of the Fork Ridge Mining Company, received an injury by accident arising out of and in the course of his employment resulting in his death the same day. On July 31, 1918, the widow and five minor children of Whitman entered into a compensation agreement with the mining company, which agreement stipulated the facts as to the employment, wages and death of Whitman, and that he left as his dependents such widow and children who were to receive the sum of $ 13.20 per week for a period of three hundred weeks, the same to be paid to the widow whose individual receipt each month would acquit the employer as to all of the dependents. Pursuant to this agreement, which on the date of its execution was approved by, and became the award of, the Industrial Board, the weekly payments were made to and including March 20, 1921, on which day the widow died. Thereafter, the employer filed with the Industrial Board its application for a review on account of changed conditions, asking that it be not required to make further payments.
Pending the employer's application for review, the Industrial Board submits to this court the following questions: 1. Would an award by the Industrial Board terminating all compensation from and after March 20 1921 (the date of the death of the widow of Lawrence Whitman), be according to law? 2. Would an award by the Industrial Board requiring the payment for the unexpired portion of the three hundred weeks, of the full weekly compensation to the children of Lawrence Whitman named in the compensation agreement, and who had not attained the age of eighteen years on or before March 20, 1921, subject to the termination of their dependence prior to the expiration of said three hundred weeks, be according to law?
The award of the Industrial Board, made on July 31, 1918, to the widow and children of Lawrence Whitman, was in accordance with the provision of § 37 of the Workmen's Compensation Act that: "Where death results from the injury within three hundred weeks, there shall be paid in addition to burial expenses not to exceed one hundred dollars, a weekly compensation equal to fifty-five per cent. of the deceased's average weekly wages during such remaining part of three hundred weeks as compensation shall not have been paid to the deceased for total or partial disability, to all dependents of the employee...
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