Industrial Indemnity Co. v. Industrial Accident Commission

The question for our determination in this case is whether the surviving wife and adult son, both at all times residents and nationals of Spain, of an employee who died as a result of an industrial injury sustained in California, are entitled to an award of death benefits where said deceased employee made no contributions to their support for at least twenty years before his injury and death, As we explain, infra, although both persons are eligible for the status of dependents on the basis of relationship, nevertheless since they were nonresident aliens at the time of the injury, the statutory conclusive presumption of total dependency cannot be applied in their favor and dependency must be determined in accordance with the facts. In such a ease, a finding of dependency cannot be upheld on the mere basis of a legal obligation to furnish support where no actual contributions for support were made by the deceased for the above period of time. Finally, we point out that the benefits of the conclusive presumption of dependency are not preserved to decedent’s wife and son by our existing treaty with Spain. We therefore must annul the award.

The facts are not in dispute. Juan Munoz…