Paul Spellman, Inc. v. Spellman
| Decision Date | 11 June 1958 |
| Docket Number | No. 557,557 |
| Citation | 103 So.2d 661 |
| Parties | PAUL SPELLMAN, Inc., and Glens Falls Insurance Company, Petitioners, v. Agnes SPELLMAN and Florida Industrial Commission, Respondents. |
| Court | Florida District Court of Appeals |
Daniel J. LeFevre of Warrick & LeFevre, Winter Park, for petitioners.
Raymond E. Barnes of Barnes & Inman, Orlando, for respondents.
Petitioners, Paul Spellman, Inc., employer, and Glens Falls Insurance Company, carrier, seek to have reviewed the order of the Full Commission affirming the order of the Deputy Commissioner, wherein the respondent, Agnes Spellman, was held to be a dependent of the deceased employee entitled to death benefits under the Florida Workmen's Compensation Act, F.S.A. § 440.01 et seq.
On February 27, 1957, Donald S. Spellman died as a result of an injury by accident arising out of and in the course of his employment with Paul Spellman, Inc. He was a single man, living with his mother and two unmarried sisters, and had only been working in that particular job about seven or eight weeks when the fatal accident occurred. During the second world war, deceased was steadily employed and made regular contributions to the support of his mother through the 'family pot', into which each sister regularly contributed a specific amount. However, for the last 12 years decedent only worked sporadically, due to a heart and spinal condition, up until the time he obtained the employment out of which his death occurred.
The testimony indicates that prior to obtaining this steady employment in his brother's sheet metal plant, decedent earned approximately $10 a week tending a store, about $5 a week renting a family lot for parking space, worked six to eight weeks each year at Christmas time for the post office and did a little yard work. Decedent's mother testified that while prior to his last job her son's contributions to the household expenses averaged very small, they were always commensurate with what he earned, and that after he obtained steady work he made regular contributions to the 'family pot' of about $10 a week.
The Deputy Commissioner found that respondent, Agnes Spellman, 79 years of age, was partially dependent on her son, Donald Spellman, within the meaning of the Florida Workmen's Compensation Act, and awarded her $12.50 a week, relying largely on the facts that decedent, although himself usually a partial dependent up until eight weeks before his death, always contributed what he could towards his mother's sustenance when he did earn some money; that decedent had not missed any time from his last job on account of his health, and was being considered for promotion to a higher paying job with the company.
On review, the Full Commission sustained the order on February 17, 1958, and from this decision the employer and carrier appeal.
There is no question that the mother in this case was and is a dependent, the only question on appeal is whether she was partially dependent on her deceased son.
Petitioners cite as authority and rely upon the case of Panama City Stevedoring Co., Inc., v. Padgett, 1942, 149 Fla. 687, 6 So.2d 822, 823, and quote therefrom:
'Some of the authorities hold that the ultimate test of dependency is reliance by the claimant on employee's contributions for means of living having regard to the dependent's class and position in life and actual contribution (from employee) for that purpose';
and quote from 58 Am.Jur. 685, Section 162:
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