James Craig Kuhn, Jr., Arnold D. Wilner, Wilner, Wilner & Kuhn, Pittsburgh, for appellant.
James H. Alton, Ira R. Hill, Reed, Smith, Shaw & McClay, Pittsburgh, for appellee.
Before Hirt, Acting P. J., and Ross, Gunther, Wright, Woodside and Ervin, Jj.
[ 176 Pa. Super. Page 421]
The question in this case is whether the claimant is entitled to Workmen's Compensation benefits for total dependency or partial dependency.
At the time of the accident Section 307, subsection 5 of the Workmen's Compensation Act of 1915 as amended, 77 P.S. § 561, provided that where deceased's relatives are entitled to compensation and there is no widow, children or father, then the mother, if dependent to any extent upon the employe at the time of the accident shall receive 25% of wages, but not in excess of $9 per week and if the mother was totally dependent upon the deceased employe at the time of the accident, the compensation payable to such mother shall be 45% of wages but not in excess of $16.50 per week.
In this case there was no question that the mother of deceased employe was entitled to compensation but the amount was in dispute.
The Referee found the claimant totally dependent and allowed her compensation in the amount of $16.50 per week. The Board, substituting its own findings and conclusions for those of the Referee, found claimant only partially dependent and awarded her compensation in the amount of $9 per week. The County Court of Allegheny County in a well written opinion by President Judge Lencher affirmed the Board.
The claimant's son was killed while in the course of his employment on December 24, 1952 at the age of 23. He resided with his sister in Elizabeth, Allegheny County. His mother resided in Detroit, Michigan.
[ 176 Pa. Super. Page 422]
The son served in the Navy from March 1946 to December 1947, during which time he made an allotment of $45 per month to his mother. After his discharge he went to Detroit and worked at a number of different places. His mother testified that during that time he was contributing to her support, part of the time as much as $60 per week. About a year before he was killed he came to Pennsylvania and obtained employment from the defendant at its Clairton plant where he earned $65.80 per week.
The claimant lived in Detroit for 6 or 7 years prior to her son's death. During 1952 she lived there with one of her sons. Although the son and his wife were both working claimant says she had to pay board. She has five other grown children living in Detroit and three elsewhere. She also has a husband, not the father of any of her children, residing in Detroit, from whom she is ...