Opinion
June 20, 1967
Appeal by the employers and insurance carrier from a decision of the Workmen's Compensation Board awarding partial dependency benefits to the claimant mother for the death of her minor son pursuant to subdivision 4 of section 16 Work. Comp. of the Workmen's Compensation Law. The father of the family died on May 9, 1963 leaving the claimant widow and four dependent children (including decedent). There were no savings or other income and the sole means of support was a monthly check of $233 for social security benefits. From the time of the father's death until the employee's death on August 27, 1963 (about 3 1/2 months) he worked as a barber and performed odd jobs until the end of the school year when he took the employment herein as a farm hand. Throughout this time he contributed approximately $20 per week to the support of his mother, brother and sisters. The record shows that the minimum annual expenses of the family were $3,334.37 and the income (not including the deceased's contributions) was $2,796. The award of $12 per week was stipulated as proper, assuming, of course, that there was a showing of dependency. Whether we take the date following the father's death or the date in June when the decedent became a farm hand, he earned approximately $20 per week and was so doing at the date of his death. He contributed substantially all of these earnings to his mother. It seems a hollow argument to contend that there is no showing of dependency and the factual finding of the board is amply supported by substantial evidence. (See Matter of Gryder v. Flat Iron Window Cleaning Co., 18 A.D.2d 1042; Matter of Markidis v. American Airlines, 21 A.D.2d 927; see, also, Matter of Smith v. Crosson's Serv. Sta., 28 A.D.2d 577.) Decision affirmed, with costs to the Workmen's Compensation Board. Gibson, P.J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Herlihy, J.