The Studebaker Corporation v. Anderson
| Decision Date | 07 December 1932 |
| Docket Number | 14,735 |
| Citation | 183 N.E. 408,96 Ind.App. 215 |
| Parties | THE STUDEBAKER CORPORATION v. ANDERSON ET AL |
| Court | Indiana Appellate Court |
Rehearing denied March 17, 1933.
From Industrial Board of Indiana.
Proceedings under the Workmen's Compensation Act under which an agreement for compensation was reached between The Studebaker Corporation, employer, and Robert Curtis Caldwell Anderson and another, total dependents of George C. Caldwell, deceased employee. Application by the employer for a review of the award on account of change in conditions, opposed by the named dependent. From an order of the Industrial Board to continue compensation, the employer appealed.
Affirmed.
Ralph B. Gregg, for appellant.
C. W Benshoof and Merl M. Wall, for appellees.
On the 14th day of April, 1930, one George C. Caldwell while serving as an employee of appellant received a personal injury by reason of an accident arising out of and in the course of his employment, resulting in his death on said day. He left surviving, and wholly dependent upon him for support at the time of his death, his widow, Alta C. Caldwell, and an infant son born March 13, 1928, the appellee, Robert Curtis Caldwell Anderson. On April 24, 1930, an agreement in regard to compensation under the provisions of The Indiana Workmen's Compensation Act of 1929, was reached by appellant and said dependents, wherein appellant agreed to pay compensation at the rate of $ 16.50 per week for a period of 300 weeks, or a total of $ 4,950. This agreement was filed with and approved by the Industrial Board of Indiana, on the 30th day of April, 1930.
The widow and child thereafter moved to California where the widow died, while residing in said state, on August 11, 1930. Letters of administration on her estate were issued to Kitty J. Lord, in said state of California, and as such administratrix she is made one of the appellees herein. The child, Robert Curtis Caldwell, was adopted by Alice May Anderson and Arthur C. Anderson, husband and wife, on the 24th day of February, 1931, in the state of California, and on March 6, 1931, Alice May Anderson was appointed guardian of said minor child. Appellant paid to the widow, and then to the guardian, all compensation due and payable under the award agreed to and approved, up to the 24th day of February, 1931, the date of the adoption of said Robert Curtis Caldwell by the Andersons, and then refused to pay further compensation and filed its application to review the award because of a change of conditions.
Upon a hearing before the full board of the appellant's application for review, the foregoing facts were stipulated as true and no controversy exists as to the facts.
The full board found the facts to be as stipulated by the parties, and made an award ordering the appellant to resume the payment of compensation to Robert Curtis Caldwell Anderson under the terms of the compensation agreement approved by the Industrial Board of Indiana on April 30th, 1930, at the rate of $ 16.50 per week, beginning on February 24th, 1931, and to continue said payments during the period of dependency of the said Robert Curtis Caldwell Anderson, not exceeding, however, the period of 300 weeks beginning April 14th, 1930, and not exceeding the amount provided by law.
From this award appellant appeals, assigning as error that the award is contrary to law.
Appellee, Kitty J. Lord, administratrix of the deceased widow's estate, makes no contention that she is entitled to receive any part of the unpaid compensation awarded.
Appellant's contention is that on the adoption of Robert Curtis Caldwell by the said Andersons, his status as a child and dependent of the deceased employee, George C. Caldwell, ceased, and that liability for payment of compensation under the original agreement and award terminated as of the date of adoption. We can not agree with this contention.
Sec. 37 of the Workmen's Compensation Act provides that "When death results from an injury within three hundred weeks, there shall be paid 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 on account of the injury, in equal shares to all dependents of the employee wholly dependent upon him for support...
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