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MOHAN v. PUBLICKER INDUSTRIES (03/17/64)

March 17, 1964

MOHAN, APPELLANT,
v.
PUBLICKER INDUSTRIES, INC.



Appeal, No. 356, Oct. T., 1963, from order of Court of Common Pleas No. 6 of Philadelphia County, March T., 1963, No. 975, in case of James F. Mohan, husband, Alma Mohan, deceased, v. Publicker Industries, Inc. et al. Order affirmed.

COUNSEL

Benjamin Pomerantz, for appellant.

Frederick W. Anton, III, with him Paul H. Ferguson, for appellee.

Before Rhodes, P.j., Ervin Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Woodside

[ 202 Pa. Super. Page 582]

OPINION BY WOODSIDE, J.

This is an appeal of a claimant from an order of the court of common pleas reversing the Workmen's Compensation Board.

Alma Mohan died March 11, 1958, from injuries received the prior day in a compensable accident, leaving her husband, minor son and mother as survivors. The widower filed a petition for compensation alleging dependency of himself, the minor son and the deceased's mother. The widower later withdrew his own claim, admitting that he had not been dependent upon the deceased for support.*fn1 The referee allowed compensation to the son until his 18th birthday, but denied it to the partially dependent mother on the ground that she is entitled to compensation only if there is no widow, widower or children eligible for compensation. See Section 307(5) of The Pennsylvania Workmen's Compensation Act of June 2, 1915, P.L. 736, as re-enacted and amended, 77 P.S. § 561(5).*fn2 Upon appeal, the board

[ 202 Pa. Super. Page 583]

    allowed the mother compensation to commence after her grandson became 18 years of age and his compensation ceased. The Court of Common Pleas No. 6 of Philadelphia County, in an opinion by Judge KELLEY, reversed the board and reinstated the holding of the referee.

The mother of the deceased attempts to qualify for compensation first by claiming that the child was not a dependent, and therefore not entitled to compensation. Children under 18 years of age are entitled to compensation for the death of their mother without proof that they were actually dependent upon her for support. A child's right to receive compensation arises from his status as a child of the employe and actual dependency upon the deceased is not required. Nordmark v. Indian Queen Hotel Co., 104 Pa. Superior Ct. 139, 143, 145, 159 A. 200 (1932). Furthermore, the dependency of the child was alleged in the claim petition and admitted by the defendant on the record. See Thomas v. Bache, 155 Pa. Superior Ct. 224, 232, 233, 38 A.2d 551 (1944).

Since the child of the deceased was entitled to compensation, the question remains whether the partially dependent mother of the deceased is entitled to compensation after the child's compensation ceases.

Section 307 of The Pennsylvania Workmen's Compensation Act, supra, 77 P.S. § 561, provides that "In case of death, compensation shall be computed on the following basis, and distributed to the following ...


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