Zachery v. Royal Indemnity Company Et Al‪.‬

Within one year from the death of her son, Floyd Zachery, the plaintiff in error, Lithonia Zachery, filed her claim for death benefits under the Workmen's Compensation Law, alleging that her son met his death as a result of injuries arising out of and in the course of his employment by M.F.M. Company, and that she was totally dependent upon her said son for support. From an award of a single director finding in her favor as the sole total dependent, which award was affirmed by the full board, Royal Indemnity Company as insurer and M.F.M. Company, the defendants in error here, appealed to the Superior Court of Cobb County, which reversed the judgment of the board awarding the claimant compensation, and from this judgment she appeals. The evidence developed: that the deceased, Floyd Zachery, had sustained the injuries resulting in his death in the course of his employment by the defendant in error; that at the time of his death he had living a wife, who had separated from him in 1938 and had for several years past been self-supporting; that he had effected a bigamous marriage with another woman with whom he had been living in one side of his mother's house; and that the mother claimant occupied the other half of the house with another son; that his wife knew all these facts, had visited the house on several occasions, had been aware of her husband's death, and stated to the board that she had filed no claim in the case, because ""I thought his mother was already done filed a claim and was already getting his money; getting money, you know, to take care of herself; I would rather she would get the money to take care of herself than for me to get it.""