Pacific Gas & Electric Co. v. Industrial Accident Commission

This is an application for a writ of review. The petitioner seeks to have an award amended as to form but does not challenge the amount of the award. The facts may be briefly stated. On September 15, 1931, James L. Eugitt was killed while performing his duties as an employee of the petitioner. At the time of his death he was divorced from his wife. He left him surviving a minor son, James F. Eugitt, and aged mother, Amanda C. Eugitt. After proceedings duly had the Commission made an award as follows:

As recited above the petitioner does not complain of the ■amount of the award, however, it does complain of any portion of the award being made in favor of the surviving mother and asserts that the entire amount of the award, to wit, $5,000, should have been made in behalf of the dependent child James Franldin Fugitt. The petitioner quotes section 14, subdivision (d) of the Workmen’s Compensation Act (as amended by Stats. 1919, p. 917, sec. 5), as follows: “If there is one or more persons wholly dependent for support upon a deceased employee, such person or persons shall receive the entire death benefit, and any person or persons partially dependent shall receive no part thereof.”…