Harlan
Harlan v. Industrial Accident Commission
Opinion
Lead Opinion
Seawell, J.
Application for a writ to review and annul an award made by the Industrial Accident Commission.
The employee in this case was an illegitimate male child. The writ raises the question whether the applicant, widow and sister of the full blood of the mother of said illegitimate minor child and therefore a maternal aunt, and who received him at birth into her family and treated him in all respects as her child and a member of her family and which child had from the time he was physically able to do so, contributed to the support of said aunt and her minor children and was so contributing at the time he was accidentally killed in the performance of services which were in the course of and arose out of his employment, is entitled to compensation within the intent and meaning of the dependency provisions of section 14 (e) of the “Workmen’s Compensation, Insurance and Safety Act” of this state (Stats. 1917, p. 831), which read as follows:
The Commission, upon a rehearing, specifically found that said illegitimate minor had since infancy lived in -the home of the applicant and his absence therefrom at the time he was killed was temporary merely; further, that applicant was in good faith…