Jones

By an award of the Industrial Accident Commission dated November 12, 1923, compensation in the sum of $5,000, payable in weekly payments, was allowed against the employer’s insurance carrier, Fidelity and Casualty Company of New York, and in favor of Cora M. Deranleau, surviving wife of Michael Deranleau, who was killed by accident on June 30, 1923. Cora M. Deranleau died on the thirteenth day of December, 1926, at which time there remained unpaid of said award the sum of $1,366.46. Apparently it is not claimed that there was any delinquency on account of payments due, but this was the unexpired balance of the award.

On the fourth day of February, 1927, the petitioner, William J. Jones (father of Mrs. Deranleau), filed with the Industrial Accident Commission a petition requesting that the Commission set apart or reassign to him the unpaid balance of said death benefit. It did not appear in any of the proceedings down to the time of the death of Mrs. Deranleau that Jones was a dependent of the deceased employee. At the time of the hearing before the referee on the seventh day of April, 1927, the claim of dependency of Jones upon the deceased employee was mentioned for the first…