even though, but for services performed for him, they would be able to support themselves. Persons are not precluded from be

49

medicines, payment of doctor's bills, and contributions of cash coming from her sister," she was wholly dependent on her sister for support. Buckley v. American Mutual Liability Ins. Co., 2 Mass. Wk. Comp. Cases, 186 (decision of Com. of Arb., affirmed by Indus. Acc. Bd., also by Sup. Jud. Ct., 218 Mass. 354, 105 N. E. 979, Ann. Cas. 1916B, 474). The workman contributed all of his earnings to his mother, who was custodian for the benefit of his invalid father, mother, and two minor brothers. An unprofitable store had been started, in connection with the tenement in which the family lived, about six weeks before the workman's death. It was held that the father, mother, and two minor brothers were wholly dependent for support. De Pasquale v. Employers' Liability Assur. Corp., Ltd., 2 Mass. Wk. Comp. Cases, 497 (decision of Com. of Arb., affirmed by Indus. Acc. Bd.).

The widow and minor children of a deceased workman, with whom he lived, and whom he supported at the time of his death, and who had at the time no property or income of their own, were wholly dependent on him. In re Elida Baird, vol. 1, No. 7, Bul. Ohio Indus. Com. p. 28. A coal miner 19 years of age lived with his invalid father and stepmother, and with five half brothers and sisters, from 2 to 13 years old. The stepmother was not a wage-earner and the whole family subsisted on his earnings. The Commission held that the entire family was wholly dependent on him. In re Lewis Spencer, vol. 1, No. 7, Bul. Ohio Indus. Com. p. 179. Where the deceased employé was unmarried, and lived with his mother, and supported her, she was wholly dependent upon him. In re Bridget McAuliffe, vol. 1, No. 7, Bul. Ohio Indus. Com. p. 144. A workman's widow, with whom he lived prior to his decease, who had no separate estate and no income of her own, but subsisted entirely upon the earnings of her husband, was wholly dependent. In re Anna King, vol. 1, No. 7, Bul. Ohio Indus. Com. p. 37. Where a daughter 16 years of age lived separate from her father, her mother being dead, 49 A strong, healthy woman, earning, prior to her mother's death, $9 a week in a factory, relinquished her position and remained at home to take care of her father without any agreement as to remuneration. At the time of the hearing she was able to earn good wages as a housekeeper and considered herself wholly dependent upon her father for support. It was held that she was wholly dependent on her father. Herrick v. Employers' Liability Assurance Co., Ltd., 2 Mass. Wk. Comp. Cases, 122 (decision of Com. of Arb., affirmed 217 Mass. 111, 104 N. E. 432, 4 N. C. C. A. 564).

Where a girl able to earn wages, and having previously done so, was keeping house for her father, receiving therefor her board, lodging, and clothes, but no money compensation, she was dependent upon her father. Moyes v. Dixon, Ltd. (1905) 7 F. 386, Ct. of Sess. (Act of 1897).

ing totally dependent by the fact that temporary gratuitous services have been rendered for or occasional money sent to them by persons other than the workman,50 that they hold small savings accounts, that they have been supported in part by the workman's

51

and her father paid her board and furnished her money to buy necessary clothing, she was wholly dependent upon her father for support. In re Maude M. Hughes, vol. 1, No. 7, Bul. Ohio Indus. Com. p. 148. Where the employé was survived by a widow and son 35 years old, the widow was held to be wholly dependent. In re Frances Williams, vol. 1, No. 7, Bul. Ohio Indus. Com. p. 31.

Where it is shown that all the support of two minor children came from their father, and that remittances therefor from him were regular, and were relied upon, such evidence establishes the fact of total dependency. Holleron v. Hill, 2 Cal. I. A. C. Dec. 289.

Where a father, who was tenant of and owned the furniture of the house in which he lived, gave his weekly earnings of 18s. a week to his daughter, with which, added to the income from a lodger whom the daughter took care of, she managed the house, the daughter was wholly dependent upon her father. Marsh v. Boden (1905) 7 W. C. C. 110, C. A. (Act of 1897).

50 (Gen. St. 1913, § 8208) State ex rel. Splady v. District Court, 128 Minn. 338, 151 N. W. 123.

Where a deceased workman's mother, according to an arrangement made, was to live with him and be supported by him, a conclusion of the Commissioner that she was totally dependent upon him was authorized, though she was temporarily living with another son. Kennerson v. Thames Towboat Co., 89 Conn. 367, 94 Atl. 372, L. R. A. 1916A, 436.

That the deceased employé's aunt occasionally sent various sums to his mother, which remittances were mere gratuities, and that one of his sisters, a member of the family, earned six or seven cents a day, no part of which was paid to the mother and another sister, the alleged dependents, did not preclude them from being wholly dependent on his earnings. Petrozino v. American Mutual Liability Co., 219 Mass. 498, 107 N. E. 370.

51 Where a daughter, for three years before her father's death, has had no income, except money allowed her by her father and the compensation for two weeks, which is so small that it may be disregarded, and is too ill to work, the fact that she had $100 saved from the money given her by her father will not prevent a finding that she was wholly dependent on her father at the time of his decease. (St. 1911, c. 751) In re Carter, 221 Mass. 105, 108 N. E. 911. Where a mother is living with her son, and without resources except a few hundred dollars kept for an emergency, a portion of which she advances for household expenses in a financial exigency expecting to have the amount

income other than his wages,52 or that money furnished for their support by the workman was not paid directly to them."

§ 73. Alien dependents

54

As a rule, the fact that a dependent is an alien living in a foreign country does not, of itself, bar compensation. But "dependents," as used in the Washington Act, does not apply to any nonresident dependents, other than a father or mother.55 The right of an alien. nonresident next of kin to damages is limited by the New Jersey

repaid later, she is wholly dependent on the son for support. Bennett v. San Buenaventura Wharf Co., 1 Cal. I. A. C. Dec. 200.

52 A widowed mother, without means, who is supported by her son, partly by the wages of his employment and partly by the yield of his land, is wholly dependent upon her son for support, within the meaning of the Minnesota Compensation Act (Gen. St. 1913, § 8208, subd. 2) State ex rel. Crookston Lumber Co. v. District Court, 131 Minn. 27, 154 N. W. 509.

53 That the deceased workman's sister did not receive support directly from deceased, but indirectly through money contributed by him to the support of the family, did not preclude her from recovering compensation for his death. Walz v. Holbrook, Cabot & Rollins Corp., 170 App. Div. 6, 155 N. Y. Supp. 703. 54 Compensation was allowed the mother and sister of a deceased workman, who were residents of Italy. Petrozino v. American Mut. Liability Co. (Caliendo's Case), 219 Mass. 498, 107 N. E. 370.

The wife and infant son of a deceased workman, residing in AustriaHungary, were entitled to receive compensation under the Ohio Act for his death. Vujic v. Youngstown Sheet & Tube Co. (D. C.) 220 Fed. 390.

If otherwise entitled, the fact that the widow of an alien workman lived in a foreign country at the time of both accident and death does not bar compensation. Krzus v. Crow's Nest Pass Coal Co., Ltd. (1913) 6 B. W. C. C. 271. Aliens are included within the meaning and scope of the Compensation Act, and, if actually dependent upon one receiving his death by reason of an accidental injury arising out of and in the course of the employment, they are entitled to compensation for same. Bishop v. United States Crushed Stone Co., Bulletin No. 1, Ill., p. 201. An alien nonresident, beneficiary of a person who met death because of an injury that arose out of and from the course of his employment, under the Workmen's Compensation Act, is entitled to compensation the same as if she were an actual citizen and resided in the state of Illinois. Bishop v. Iroquois Iron Co., Bulletin No. 1, Ill., p. 108.

55 (Wk. Comp. Act Wash. § 3) Rulings Wash. Indus. Ins. Com. 1915, p. 5.

Act of 1911 to the compensation which it provides, and as it expressly states that compensation under the schedule established by the Act shall not apply to nonresident alien dependents, the right of nonresident next of kin under the Death Act is taken away, and therefore there is no statutory remedy to such persons."

56

The title of the Illinois Act of 1913 is sufficient to cover a provision authorizing payment of compensation to nonresident alien dependents.57

Under the Connecticut Act, as amended, compensation is awarded to alien dependents in cne-half the amounts specified for other dependents, unless such alien dependents are residents of the United States, or its dependencies, or Canada, such alienage to be determined as of the date of the injury.58 This amendment does not conflict with the treaty with Italy. It has been held that it is

59

56 Gregutis v. Waclark Wire Works (N. J.) 91 Atl. 98.

57 Victor Chemical Works v. Industrial Board of Illinois (Ill.) 113 N. E. 173.

58 Wk. Comp. Act. pt. B, § 10, as amended by Pub. Acts 1915, c. 288, § 6. In Alvarez v. Eisenmann, 1 Conn. Comp. Dec. 357, the totally dependent widow being a resident of Italy, she was awarded one-half the regular compensation due a resident dependent. In Pansoda v. Bridgeport Hydraulic Co., 1 Conn. Comp. Dec. 118, a workman's totally dependent mother residing in Spain was awarded one-half the minimum compensation for death payable to a total dependent. In Biero v. New Haven Hotel Co., 1 Conn. Comp. Dec. 52, where the deceased workman's father was a resident dependent, but his mother was an alien nonresident dependent, they were awarded $2.50 and $1.25 per week, respectively; the mother's compensation being reduced one-half because she was not a resident of this country. In Iannace v. Jobson-Gifford Co., 1 Conn. Comp. Dec. 118, where a workman's widow was a nonresident alien dependent at the time of the injury, but later came to this country to live, she was awarded one-half regular compensation until she came to this country, and full benefit thereafter.

59 In Fabbian v. C. W. Blakeslee & Sons, 1 Conn. Comp. Dec. 305, it was held by Commissioner Beers that the provision of the Connecticut Act that compensation to nonresident alien dependents shall be one-half the amount payable if they were residents of this country, is not invalid as conflicting with existing treaties between Italy and the United States. In Viotti v. De Bisschop, 1 Conn. Comp. Dec. 195, a dependent widow residing in Italy was

not declaratory of the prior law, and that for an injury occurring before the passage of the amendment the matter of alienage need not be determined as of the time of the injury, but a nonresident alien dependent may have his compensation payments increased to full amount upon taking up residence in this country after the injury.0

§ 74. What children may be dependents

61

Children entitled to compensation as dependents include stepchildren, illegitimate children, especially where they lived with the workman and were actually cared for and supported by him prior to his death, and had a right to expect a continuation of that support, children adopted by the workman, though not children

64

awarded one-half the amount of death benefit payable to dependents residing in the United States; the commissioner holding it was not for him to decide whether this provision confiicted with any treaty rights between Italy and the United States.

60 Ostrowski v. Stanley Iron Works, 1 Conn. Comp. Dec. 554.

61 Dependent stepchildren, who have been supported by the deceased workman, are included within the word "children" in this act. (P. L. 1911, p. 134) Newark Paving Co. v. Klotz, 85 N. J. Law, 432, 91 Atl. 91.

The word "child," as used in the Washington Act, includes a stepchild. (Wk. Comp. Act Wash. & 3) Rulings Wash. Indus. Ins. Com. 1915, p. 6.

62 Where a workman evaded the payment of an aliment decree rendered against him in favor of the mother of his illegitimate child, the only money obtained from him being £2 garnisheed from his employers, and was then killed by accident, the child was held to be partially dependent upon him. Bowhill Coal Co., Ltd., v. Neish (1910) 2 B. W. C. C. 253, Ct. of Sess.

63 Roberts v. Whaley (Mich.) 158 N. W. 209.

Where a woman was living with the workman in an illicit relationship, the minor children of the pair, living with the father and dependent upon him for support, were "dependents." Sexton v. Massachusetts Bonding & Insurance Co., 1 Cal. I. A. C. Dec. 48. Where the deceased workman leaves an illegitimate child, who was partially dependent upon him and received a certain portion of his earnings, that same portion of the death benefits will

€4 See note 64 on following page.

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