Lunceford v. Fegles Construction Co.

• Court: Minnesota Supreme Court
• Writing for the Court: DIBELL, J.
• Citation: Lunceford v. Fegles Construction Co., 185 Minn. 31, 239 N.W. 673 (Minn. 1931)
• Decision Date: 18 December 1931
• Docket Number: 28,616
• Parties: MARCELLA LUNCEFORD v. FEGLES CONSTRUCTION COMPANY AND ANOTHER

239 N.W. 673

185 Minn. 31

MARCELLA LUNCEFORD v. FEGLES CONSTRUCTION COMPANY AND ANOTHER

No. 28,616

Supreme Court of Minnesota

December 18, 1931

Certiorari upon the relation of Ben Lunceford as guardian of Marcella Lunceford, a minor, to review an order of the industrial commission denying compensation to her for the death of one Charles Smith, who was killed in the course of his employment for the respondent construction company. Relator's contention is that Marcella is entitled to compensation as a dependent stepchild of the deceased employe. Order modified and proceeding remanded with directions to enter award in favor of relator.

SYLLABUS

Workmen's compensation act -- dependent entitled to benefits as stepchild of deceased employe.

The relator was an illegitimate child. The deceased employe married her mother. The decedent and his wife and the daughter lived together, the deceased supported the child and she was treated as his child, was one of the family, and was dependent upon him. The decedent was killed under circumstances entitling his dependents to an award. Held that the daughter was a stepchild under the workmen's compensation act, G.S. 1923 (1 Mason, 1927) § 4326(b) and entitled to compensation.

William M. Wood, for relator.

Sanborn, Graves & Andre and J. N. Morton, for employer and Liberty Mutual Insurance Company, its insurer, respondents.

OPINION

DIBELL, J.

In a proceeding under the workmen's compensation act the industrial commission awarded compensation to Charles C. Smith for the death of his father, Charles Smith, and denied compensation to the relator, Marcella Lunceford. This writ of certiorari is to review its order. The writ was served upon the employer and the insurance company and upon Charles C. Smith, to whom the award was made.

Marcella Lunceford was the illegitimate child of Ella Frances Lunceford. She was born on August 19, 1918. On July 17, 1924, Ella Frances Lunceford married Charles Smith. Of this marriage there was born Charles C. Smith on June 22, 1925. Mrs. Smith died in June, 1929. Smith was killed in September, 1929, while in the employ of the defendant construction company. Mr. and Mrs. Smith lived together with the two children from the time of their marriage. The child Marcella was one of the family with the boy Charles and a part of the family group.

About the first of January, 1929, the mother went to the state sanitarium at Walker for treatment for tuberculosis. It was not contemplated that her stay would be long, perhaps three months. She died in the June following. When she went to the hospital the child Marcella went to the home of her maternal grandfather, Ben Lunceford, at Long Prairie and stayed with him. When there she received partial support from Smith. The boy Charles C. went to the home of a sister of his father in Minneapolis. Smith went to Walker, apparently working there to the extent he could, until his wife's death in June. On September 29, 1929, when working for his employer, the defendant construction company, in Minneapolis, he was killed. No question is made as to the right of Charles C. Smith to compensation. The defendants contest the right of Marcella.

By the compensation act, G.S. 1923 (1 Mason, 1927) § 4275, "minor children under the age of sixteen years" are conclusively presumed to be wholly dependent, and children older than that may be considered dependent.

Section 4326(b) defines child as follows:

"'Child' or 'children' shall include posthumous children and all other children entitled by law to inherit as children of the deceased, also stepchildren who were members of the family of the deceased at the time of his injury and dependent upon him for support."

The question is whether the child Marcella is a stepchild and member of the family of the deceased and dependent upon him for support. The term "stepchild" by general definition is the child by a former marriage of either the husband or the wife. This is not a universal definition; it is the general one. Marcella does not come within it. She was a member of the family of the deceased. The deceased had assumed the obligation of support from the time of his marriage to her mother. She was a member of his family and dependent upon him. He and his wife and the two children constituted the family group. The girl and the boy had the same treatment. The decedent was attached to both. The girl considered him her father. She was held out as his daughter. The neighbors quite generally at least supposed they were the children of the two. The decedent supported them in fair comfort, though in a humble way, until his wife was afflicted with tuberculosis. Then the family became separated, but the separation was intended to be temporary.

The compensation act is construed liberally. It is not a statute of descent and distribution. Compensation is not by way of inheritance. Its purpose is to give relief to designated dependents of one killed in industry. The child Marcella should be construed to be a stepchild of the deceased; and the evidence requires a holding that she was a...