(DOWNLOAD) "Johnson's Case" by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free
eBook details
- Title: Johnson's Case
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 03, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
DOLAN, Justice. This workmen's compensation case comes before us on the appeal of the claimant from the decree entered in the Superior Court dismissing her claim. The case was heard by a single member of the Industrial Accident Board upon a statement of agreed facts which may be summed up as follows: The employee died on April 23, 1943, as a result of injuries arising out of and in the course of his employment. He was survived by his wife Zora H. Johnson, a daughter, the claimant Shirley Johnson, and his former wife Lena Johnson whom he had married in 1916, but from whom he was divorced on October 20, 1936, by decree nisi which became absolute at the expiration of six months from that date. He was legally married to his surviving wife on August 13, 1942. The decree nisi of divorce just referred to granted the care and custody of the claimant and two other minor children of the employee and his then wife to her, and directed that the employee pay to her the sum of $17 a week (for support) until the further order of the court. On February 11, 1943, that decree was modified by abating all arrearages, and it was ordered that the employee pay 'to said Lena Johnson the sum of * * * $12 on Saturday of each and every week, for the support and maintenance of Doris Hohnson and Shirley Johnson [the claimant], minor children of said parties, until the further order of the court.' Doris Johnson was over eighteen years of age and self supporting at the time of the injury of the employee. At that time the claimant Shirley was fifteen years and three months of age, having been born on January 23, 1928. Up to and at the time of the injury of the employee the claimant was living with her mother, the said Lena Johnson, under the terms of the decrees hereinbefore described, which were complied with by the employee. The insurer 'accepted liability of the case' and entered into an agreement with the widow of the employee as to compensation under which she has been receiving $10 a week. Copies of the agreement have been filed with the board with a request that approval be withheld pending determination of the rights of the widow and the claimant under the act. The single member of the board ruled that the claimant 'is entitled to the conclusive presumption of total dependency' under § 32(c) of G.L. (Ter.Ed.) c. 152, and that 'she is to share equally with the widow * * * the compensation payable under § 31,' and ordered that the sum of $12 a week be divided equally between the widow and the claimant. Orders for payments required under the decision were made by the single member of the board. A claim for review having been filed by the insurer, the reviewing board affirmed and adopted the findings of the single member, and ordered payments in accordance therewith. Upon certification to the Superior Court the Judge entered a decree dismissing the claim of Shirley and ordering that payments by the insurer in the amount of $10 a week to the widow of the employee be continued, fixing the amount due to her to the date of decree.