Theodore v. Packing Materials, Inc

The question before us is one of first impression: Is a natural child of a deceased employee a "dependent” within the meaning of the Workmen’s Compensation Act and therefore entitled to receive death benefits when such child has been adopted by other parents prior to the date of the employee’s injury and resulting death? We answer in the negative, but also conclude that the hearing referee’s unappealed-from decision that children in this category are conclusively presumed dependents became final and res judicata subject to subsequent modification or termination where such presumption can no…