Hammond Lumber Co. v. Industrial Accident Commission

This record is before us upon the return to a writ of review. Petitioners are objecting to an award of the Industrial Accident Commission by which the surviving wife and child of Silvio Marsili, deceased, were allowed full death benefit, amounting to $3,300, because of the death of said Silvio Marsili which was brought about by an industrial accident. It is not contended that the facts do not present a case for compensation, nor that the petitioners are not liable for the payment of the same. The controversy between the parties is as to whether the allowance should be made upon the basis of total or partial dependency of said wife and child.

Maria Marsili, the wife, and her infant daughter live in Italy and the deceased had been sending them money each month for their support. The evidence upon which the findings and award of the Commission are based consists of answers to interrogatories sent to Maria Marsili by the Commission and by the petitioners. The portions of this testimony which give rise to petitioners’ contention are as follows: Maria Marsili was asked if she did any work since her marriage. She replied that she did none, except housework and caring for her child. She…