Boshell v. Allstate Erectors, Inc.

HERRMANN, Justice.

This appeal involves the measure of death benefits, under our Workmen’s Compensation Law [19 Del.C. § 2330(a)] * , when there are surviving children of the deceased employee living in two separate households.

One child lives with his mother, the employee’s divorced wife. The other child lives with his mother, the employee’s widow. The Industrial Accident Board made an award to the widow under § 2330(a) (3) and an additional award to the child of the divorced wife under § 2330(a) (1). The Superior Court reversed, holding that one award should have been made under § 2330…