Tabor v. Ind. Acc. Fund
126 MONT. 240, 247 P.2D 472, 1952.MT.0000072
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- 0,99 €
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- 0,99 €
Publisher Description
1. Workmens Compensation ? Question of dependency only question presented. Where it was undisputed that the death of an employee who was 17 years and 9 months old, arose out of and in the course of his employment, only question was one of law as to whether the claimants, his parents, were major dependents within workmens compensation statute. 2. Workmens Compensation ? Liberal construction of act. The Workmens Compensation Act must be liberally construed to accomplish its intended purpose, and construed in favor of the injured workmen and his dependents. 3. Workmens Compensation ? Words and Phrases ? "Dependent." Under Workmens Compensation Act, a "dependent" need not be absolutely dependent upon the workman for the necessities of life but need only look to and rely on the contributions of the workman, in whole or in part, as a means of support and maintenance in accordance with his social position and accustomed mode of life. - Page 241 4. Workmens Compensation ? Parents held dependents. Where workman, who was 17 years and 9 months old at his death, had agreed to contribute $40 per week to his parents with whom he lived, they were "dependents" under Workmens Compensation Act, notwithstanding that the father, who supported his wife and four other minor children, himself earned $500 per month, and that workman had worked but 9 days before he was killed and had actually made no contribution before his death.