Munoz

The spouse of Jose Munoz petitioned for total dependency death benefits due as a widow with seven surviving minor children. (Lab. Code, § 4702.) Those benefits were claimed as of August 9, 1968, the date of the husband’s admittedly industrially caused injury and death. The referee and board found partial dependency only. Petition for reconsideration was denied. We granted a writ of review.

The sole question is whether petitioners were “totally” dependent as that term has been construed in workmen’s compensation cases.

The facts essential to the disposition of this matter are: The widow and most of her minor children reside in Mexico. Her husband at the time of his death in California was employed and during the 20 years theretofore had worked in this state but returned to Mexico and lived with his wife and family several months each year. Brijido and Felipe, minor sons 19 and 17 years of age at the time of the father’s death, were living in California most of the year but also returned to Mexico in winter. The referee found that the father sent his spouse $2,400 annually of which the sons contributed $300. The evidence to support the contributions of the sons was scant.…