New Jersey dependent upon the deceased at the time of accident or death, "(2) No dependents. by which an order was made filing the decree of adoption nunc pro tune as of a date when the same was signed by the surrogate. It was held that under such circumstances the child was entitled to compensation. Stepchildren who are brought into the workman's household and are supported by him are dependents under the New Jersey Workmen's Compensation Act. Klotz v. Newark Paving Co., 36 N. J. Law, 271. Where an injury is due to the act of a third person the settlement by the employé, or his dependents in case he is killed, with the person who caused such injury does not merge the right to claim compensation from the employer. Klotz v. Newark Paving Co., 36 N. J. Law J. 271; Perlsburg v. Muller, 35 N. J. Law J. 202; Houghton v. Root Construction Co., 35 N. J. Law J. 332. New York "Sickness and burial. Expenses of last sickness and burial, the cost of burial, however, not to exceed one hundred dollars. "Orphans and minors. Proviso. In computing compensation to orphans or other children, only those under eighteen years of age shall be included, and only during the period in which they are under that age, at which time payment on account of such child shall cease; provided, however, that payments to such physically or mentally deficient children as are for such reason dependent shall continue during the full term of compensation payment. "Weekly compensation. Proviso. Duration. The compensation in case of death shall be subject to a maximum compensation of ten dollars per week and a minimum of five dollars per week; provided, that if at the time of injury the employé received wages of less than five dollars per week, then the compensation shall be the full amount of such wages per week. This compensation shall be paid during three hundred weeks. "Aliens excepted. Compensation under this schedule shall not apply to alien dependents not residents of the United States." When compensation payments are consecutive and not concurrent, including compensation for death, see § II, 14 (a), added by L. 1913, c. 174, in effect April 1, 1913. NEW YORK "§ 16. Death benefits. If the injury causes death, the compensation shall be known as a death benefit and shall be payable in the amount and to or for the benefit of the persons following: "1. Reasonable funeral expenses, not exceeding one hundred dollars; "2. If there be a surviving wife (or dependent husband) and no child of the deceased under the age of eighteen years, to such wife (or dependent husband) thirty per centum of the New York average wages of the deceased during widowhood (or dependent widowerhood) with two years' compensation in one sum, upon remarriage; and if there be surviving child or children of the deceased under the age of eighteen years, the additional amount of ten per centum of such wages for each such child until of the age of eighteen years; in case of the subsequent death of such surviving wife (or dependent husband) any surviving child of the deceased employé, at the time under eighteen years of age, shall have his compensation increased to fifteen per centum of such wages, and the same shall be payable until he shall reach the age of eighteen years; provided that the total amount payable shall in no case exceed sixty-six and two-thirds per centum of such wages." "3. (Provides 15% of wages for each child, not exceeding 66% to all, where no wife or dependent husband.) "4. If the amount payable to surviving wife (or dependent husband) and to children under the age of eighteen years shall be less in the aggregate than sixty-six and two-thirds per centum of the average wages of the deceased, then for the support of grandchildren or brothers and sisters under the age of eighteen years, if dependent upon the deceased at the time of the accident, fifteen per centum of such wages for the support of each such person until of the age of eighteen years; and for the support of each parent, or grandparent, of the deceased if dependent upon him at the time of the accident, fifteen per centum of such wages during such dependency. But in no case shall the aggregate amount payable under this subdivision exceed the difference between sixty-six and twothirds per centum of such wages, and the amount payable as hereinbefore provided to surviving wife (or dependent husband) or for the support of surviving child or children. "Any excess of wages over one hundred dollars a month shall not be taken into account in computing compensation under this section. All questions of dependency shall be determined as of the time of the accident. "§ 17. Aliens. Compensation under this chapter to aliens not residents (or about to become nonresidents) of the United States or Canada, shall be the same in amount as provided for residents, except that the commission may, at its option, Ohio or, upon the application of the insurance carrier, shall, commute all future installments of compensation to be paid to such aliens, by paying or causing to be paid to them one-half of the commuted amount of such future installments of compensation as determined by the commission." Under the New York statute there is a presumption of dependency in favor of widows and of children under the age of eighteen. All others must prove dependency. It is to be noted that it does not matter whether or not a woman was living with her husband at the time of the accident causing his death, so far as her right to compensation is concerned. She must merely establish the relation of husband and wife. Having done this she is entitled to compensation for life, or until her remarriage. The payment to dependent parents and grandparents is also for life, if the dependency continues that long. OHIO "§ 1465-82. § 35, Act of 1913. In case the injury causes death within the period of two years, the benefits shall be in the amounts and to the persons following: 1 1 The widow and minor children of a deceased workman with whom he lived and whom he supported at the time of his death, and who had at the time no property and income of their own, are wholly dependent upon such deceased workman for support at the time of his death and are entitled to compensation as such dependents. Re Elida A. Baird, Claim No. 504, Ohio St. Lia. Bd. Awd., Nov. 11, 1912. In a case of the death of a workman leaving a widow and minor child, it was held not necessary for the application for compensation to be filed by the administrator or executor of the deceased; that the minor child being under disability of infancy and in the custody of her mother that part of the compensation apportioned to such child will be made payable to the mother for the use of the child. Re Laura M. Shaffer, Claim No. 41, Ohio St. Lia. Bd. Awd., June 14, 1912. An employé was killed in the course of his employment leaving surviving a widow and a son 35 years of age, the latter being mentally and physically deficient, but who, for a number of years prior to and at the time of the Ohio "1. If there be no dependents, the disbursements from the state insurance fund shall be limited to the expenses provided for in section forty-two hereof. "2. If there are wholly dependent persons at the time of the death, the payment shall be sixty-six and two-thirds per cent. of the average weekly wages, and to continue for the remainder of the period between the date of the death, and six years after the date of the injury, and not to amount to more than a maximum of thirty-seven hundred and fifty dollars, nor less than a minimum of one thousand five hundred dollars. "3. If there are partly dependent persons at the time of the death, the payment shall be sixty-six and two-thirds per cent. of the average weekly wages, and to continue for all or such portion of the period of six years after the date of the injury, as the board in each case may determine, and not to amount to more than a maximum of thirty-seven hundred and fifty dollars. "4. The following persons shall be presumed to be wholly dependent for support upon a deceased employé: "(a) A wife upon a husband with whom she lives at the time of his death. "(b) A child or children under the age of sixteen years (or over said age if physically or mentally incapacitated from death of his father was employed at a weekly wage of $7.50. The employé who was killed had not been employed for a considerable time prior to taking the employment in the position in which he was killed, which employment he entered upon the day preceding the day he received the injury resulting in his death. It was held that the widow was wholly dependent upon him for support and that the son was neither wholly, nor partially, dependent upon him for support. Re Francis R. Williams, Claim No. 296, Ohio St. Lia. Bd. Awd., November 15, 1912. Where a father, mother and grown son constitute a family, and both father and son are wage earners and both contributed to the family fund, the son being considered as one of the family, and not as a boarder, the mother may be partially dependent upon her son for support. Re Emma Hoffman, Claim No. 2293, Ohio St. Lia. Bd. Awd., March, 1913. Whether a woman whose husband is living is dependent in any degree for support upon her grown son is a question of fact and there is no presumption in favor of such dependency. Re Emma Hoffman, Claim No. 2293, Ohio St. Lia. Bd. Awd., March, 1913. |