Gilliland v. Hanging Tree Inc‪.‬

The widow sought death benefits under the Workmens Compensation Act. On the basis of affidavits and answers to interrogatories, the trial court granted defendants motion for summary judgment. Plaintiff appeals; we affirm. Assuming there was an issue of fact as to whether deceased was a "workman", the summary judgment was proper because no compensation benefits were payable under the "average weekly wage" provisions of the Workmens Compensation Act.