Veith v. Patterson

• Decision Date: 13 January 1931
• Citation: 236 Ky. 845
• Parties: Veith et al. v. Patterson.
• Court: United States State Supreme Court — District of Kentucky

236 Ky. 845

Veith et al. v. Patterson.

Court of Appeals of Kentucky. Criminal, Common Law and Equity Division.

Decided January 13, 1931.

1. Master and Servant. — No child is presumed "dependent" on parent within compensation statute unless actually living with or supported by parent at time of accident [Ky. Stats., sec. 4893, subsec. 4, and sec. 4894, subsec. (c)].

Ky. Stats., sec. 4894, provides: "The following persons shall be presumed to be wholly dependent upon a deceased employee: . . . (c) A child or children under the age of sixteen years, or over sixteen years if incapacitated from wageearning, upon the parent with whom such child or children are living or by whom actually supported at the time of the accident."

2. Master and Servant. — Child under sixteen, who had been confined in reform school without receiving support from father, held not "dependent" within Compensation Act [Ky. Stats., sec. 4893, subsec. 4, and sec. 4894, subsec. (c)].

Appeal from Kenton Circuit Court

GALVIN & TRACY for appellants.

JOHN H. KLETTE and BLAKELY & MURPHY for appellee.

OPINION OF THE COURT BY JUDGE CLAY

Reversing.

William Patterson and his employer, John A. Veith, had accepted and were operating under the provisions of the Workmen's Compensation Act. As the result of an accident arising out of and in the course of his employment, Patterson, on November 4, 1927, received injuries which resulted in his death on December 18, 1927. On the divorce of Patterson from his wife, he was awarded the custody of their child, Jennie May Patterson. On May 23, 1927, Jennie May Patterson was committed to the Kentucky State Reform School, an institution maintained by the state, and was an inmate of that institution both at the time her father was injured and at the time of his death. She was paroled on or about November 1, 1928, which was about a year subsequent to the accident. Her father supported her up until the time of her commitment to the reform school, but contributed nothing to her support after that time. At the time of her committment to the reform school, and at the time of the accident to, and the death of, her father, she was under 16 years of age.

After the death of her father, Jennie May Patterson applied to the Workmen's Compensation Board for compensation, and compensation was denied. On petition for review, the Kenton circuit court set aside the order of the board and directed the board to reopen the case and award Jennie May Patterson compensation on the basis that she was a dependent of William Patterson within the meaning of the provisions of the Workmen's Compensation Act. The employer appeals.

The facts are agreed, and the case, which presents only a question of law, turns on the proper interpretation of the Workmen's Compensation Act.

Subsection 4, sec. 4893, Kentucky Statutes, provides: "All relations of dependency herein referred to shall be construed to mean dependency existing at the time of accident to the employee."

Section 4894, Kentucky Statutes, provides in part: "The following persons shall be presumed to be wholly dependent upon a deceased employee; (a) A wife upon a husband whom she had not voluntarily abandoned at the time of the accident; (b) a husband incapacitated from wage-earning, upon a wife whom he has not voluntarily abandoned at the time of the accident to the wife; (c) a child or children under the age of sixteen years, or over sixteen years if incapacitated from wage-earning, upon the parent with whom such child or children are living or by whom actually supported at the time of the accident. In all other cases the relation of dependency in whole or in part shall be determined in accordance with the facts of each case existing at the time of the accident, but no person shall be considered a dependent in any degree unless he be living in the household of the employee at the time of the accident, or unless such person bears to the...