Reeves v. Parker-Graham-Sexton, Inc.

• Decision Date: 02 July 1930
• Docket Number: 629.
• Citation: 154 S.E. 66,199 N.C. 236
• Parties: REEVES et al. v. PARKER-GRAHAM-SEXTON, Inc., et al.
• Court: North Carolina Supreme Court

154 S.E. 66

199 N.C. 236

REEVES et al. v. PARKER-GRAHAM-SEXTON, Inc., et al.

No. 629.

Supreme Court of North Carolina

July 2, 1930

Appeal from Superior Court, Haywood County; MacRae, Special Judge.

Proceedings under the Workmen's Compensation Law by Frances Wilson F. E. Alley, Jr., ancillary administrator, and J. R. Gardner administrator, of the estate of George Herbert Reeves, alias George Wilson, employee, to recover compensation for the latter's death, opposed by the Parker-Graham-Sexton Inc., employer, and the Travelers' Insurance Company insurance carrier. From a judgment setting aside an award of compensation to the administrators, they appeal.

Reversed.

Workmen's Compensation Act should be liberally construed to effectuate legislative intent (Pub.Laws 1929, c. 120).

This is an appeal by the plaintiffs, J. R. Gardner and F. E. Alley, Jr., administrators of the estate of George Herbert Reeves, alias George Wilson, from a judgment of his honor Cameron F. MacRae, at the April term, 1930, of the superior court of Haywood county, setting aside an award of the North Carolina Industrial Commission in favor of said administrators.

The action was originally commenced before the North Carolina Industrial Commission, and arose out of a claim for compensation on account of the death of the said George Herbert Reeves, alias George Wilson, who was fatally injured while in the employ of the defendant, Parker-Graham-Sexton, Incorporated.

Compensation for the death of said Reeves, alias Wilson, was claimed by one Frances Wilson, the alleged common-law wife of the deceased, and by J. R. Gardner and F. E. Alley, Jr., administrators of the estate of said deceased.

The case was first heard before Hon. J. Dewey Dorsett, of the North Carolina Industrial Commission, at Waynesville, N. C., on the 10th day of January, 1930, and thereafter, on the 5th day of February, 1930, Commissioner Dorsett filed an opinion in said case in which he denied the claim of the said Frances Wilson, and made an award in favor of said administrators for $4,497.32, less actual burial expenses not to exceed $200.

On February 14, 1930, the defendants appealed from the award of Commissioner Dorsett to the full commission. The case was heard before the full commission on February 24, 1930, and thereafter an opinion for the full commission was filed by Chairman Matt H. Allen, in which the findings of fact and award of Commissioner Dorsett were adopted and affirmed.

Thereafter, on the 27th day of March, 1930, the defendants gave notice of appeal from the aforesaid award of the full commission to the Superior court of Haywood county, and the case was heard, on said appeal, before his honor Cameron F. MacRae, at the April special term, 1930, of the superior court of Haywood county. Judge MacRae rendered judgment affirming the award of the North Carolina Industrial Commission in so far as the claim of Frances Wilson was concerned, and set aside that part of the award granting compensation to said administrators.

It is admitted that at the time of his death the deceased was in the employ of the defendant, Parker-Graham-Sexton, Incorporated; that the injury resulting in the death of the deceased arose out of and in the course of his employment; that the employer and the deceased employee, at said time, were subject to the provisions of the North Carolina Workmen's Compensation Act; and that the average weekly wage of the deceased, at the time of his death, was $24.78.

Frances Wilson did not appeal from the awards of the North Carolina Industrial Commission, nor from the judgment rendered by Judge MacRae, denying her claim to compensation, and therefore her right to recover is not involved in this appeal.

To that part of the judgment rendered by Judge MacRae, setting aside the award of the Industrial Commission in their favor, said administrators duly excepted, assigned error, and appealed to the Supreme Court.

J. R. Gardner and Alley & Alley, of Waynesville, for appellants.

Rollins & Smathers, of Asheville, for appellees.

CLARKSON J.

This matter has been fully discussed in Reeves v. Parker, vol. 1, p. 277, advance sheets, North Carolina Industrial Commission, opinion by Dorsett, commissioner. It is there held: "(1) Common-law marriage not recognized by either North Carolina or Tennessee; therefore common law wife not a widow under the act. (2) Under Section 40, where deceased leaves no dependents, personal representative entitled to same amount as those wholly dependent--" citing case of Freeman v. Motor Company, vol. 1, p. 283, holding: "Deceased employee leaving no dependents, personal representative entitled to payment of commuted value of 60 per cent. of average weekly wages of deceased for 350 weeks less funeral expenses."

An appeal was taken to the full commission from the findings of fact and award, and the opinion of Commissioner Dorsett was affirmed and adopted.

Allen, chairman of the commission, says: "It was admitted that plaintiff was duly and regularly employed by the defendant Parker-Graham-Sexton, Inc., and that the accident and death arose out of and in the course of his employment, and that his average weekly wages was $24.78. Upon the foregoing, Dorsett, Commissioner, ordered award, providing for the payment to Gardner and Alley, Administrators, the sum of $4,497.32, less burial expenses not to exceed $200.00, this being the commuted value of $14.87 for three hundred and fifty weeks. *** Upon the question as to the right of the personal representative to recover where there are no dependents, this Commission, in Freeman v. B. & N. Motor Co., et al., Docket No. 216, has held that the personal representative is entitled to recover the commuted value of sixty per centum of the average weekly wages of the deceased, less the burial expenses not to exceed $200.00."

We are now called upon to sustain or reverse the Industrial Commission. We think the opinion of the commission should be upheld.

We have to construe two sections of the Workmen's Compensation Law (Pub. Laws 1929, c. 120), as follows:

"Sec. 40. If the deceased employee leaves no dependents the employer shall pay to the personal representative of the deceased the commuted amount provided for in Section 38 of this act, less the burial expenses which shall be deducted therefrom."

"Sec. 38. If death results proximately from the accident and within two years thereafter, or while total disability still continues, and within six years after the accident, the employer shall pay for or cause to be paid, subject, however, to the provisions of the other sections of this act in one of the methods hereinafter provided, to the dependents of the employee, wholly dependent upon his earnings for support at the time of accident, a weekly payment equal to 60 per centum of his average weekly wages, but not more than eighteen

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