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WALKER v. ALUMINUM COMPANY AMERICA. (01/21/58)

January 21, 1958

WALKER, APPELLANT,
v.
ALUMINUM COMPANY OF AMERICA.



Appeal, No. 214, April T., 1957, from judgment of Court of Common Pleas of Westmoreland County, Jan. T., 1956, No. 264, in case of Mary Ann Walker, widow of Nathaniel Walker, deceased v. Aluminum Company of America. Judgment reversed.

COUNSEL

Edward J. Steiner, for appellant.

R. E. Best, with him Edward S. Stiteler, and Smith, Best and Horn, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Gunther

[ 185 Pa. Super. Page 356]

OPINION BY GUNTHER, J.

The court below reversed the findings of fact and award made in favor of the claimant, Mary Ann Walker, by the Workmen's Compensation Board.

Nathaniel Walker, Sr., an employe of the Aluminum Company of America, died on October 15, 1953, as a result of an accident; his widow filed a claim petition. The referee disallowed compensation and the board affirmed the findings of the referee on May 4, 1955. An appeal was taken by claimant to the Court of Common Pleas of Armstrong County and the case was remanded to the board for the purpose of making specific findings. The board, on January 25, 1956, made specific findings and an award in favor of the claimant. The employer then filed an appeal in the Court of Common Pleas of Westmoreland County which was sustained; the findings of fact, conclusion

[ 185 Pa. Super. Page 357]

    of law and opinion of the board were reversed. From that judgment claimant filed this appeal.

The court below, in reversing the board, held that the board disregarded the evidence and that the award was inconsistent with claimant's testimony. Claimant contends that the lower court should be reversed and the order of the board reinstated.

The question raised on this appeal is whether the claimant was actually dependent upon the decedent and whether she was receiving from him a substantial portion of her support at the time of his death. This, we believe, was a question of fact for the board. What was or was not a substantial portion for her support was also for the board. In Morris v. Yough Coal & Supply Co., 266 Pa. 216, 109 A. 914, the court held that no rigid rule can be laid down as to the amount or character of evidence necessary to show actual dependency, therefore, each case must be controlled by its own circumstances; but the term actual dependency does not ...


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