Fitzsimmons v. Federal Shipbuilding Dry Dock Co.

Despite my great respect for the opinion of my colleagues, I do not agree with the result reached in this case.

I think the court below erred in awarding compensation to petitioner-respondent as a total dependent. At the time of decedent's accident the Workmen's Compensation Act provided,R.S. 34:15-13: "In case of death, compensation shall be computed, but not distributed, on the following basis:

"a. For one dependent, thirty-five per cent. of wages.

"b. For two dependents, forty per cent. of wages.

"g. The term `dependents' shall apply to and include any or all of the following who are dependent…