Hershkowitz v. Arizona Highway Department

LOCKWOOD, C.J. This is a certiorari from an award of the Industrial Commission hereinafter called the commission. The undisputed facts are as follows: On May 22, 1940, one Adolph Hershkowitz was killed by an accident arising out of and in the course of his employment with the Arizona State Highway Department. A claim for dependents allowance was filed by his parents, Harry Hershkowitz and Jesus Gallego Hershkowitz, hereinafter called petitioners, on June 28th. On July 24th the commission made an award which found that the average monthly wage of Hershkowitz at the time of his death was $50 and that petitioners were entitled to compensation as partially dependent parents. The award was for the payment of the expenses of burial, and the sum of $7.50 per month to petitioners, to continue during the period of dependency. The award further provided: