Rios v. Industrial Commission

OPINION

EUBANK, Judge.

The main issue raised by this special action is whether the Industrial Commission has jurisdiction to determine the dependency of a minor applicant claiming death benefits under the Workmen’s Compensation Act when that determination would necessarily require resolution of a paternity question. We hold that the Commission does have such jurisdiction and set aside the award.

The essential facts are that Domingo Rios died on July 9,1975, as the result of injuries received in an industrial accident which occurred on July 2, 1975. At the time of his death, the deceased was…