Claim of Dziuba v. George F. Driscoll & Moccia Construction Corp.

Appeal by the employer and carrier from a decision of the Workmen’s Compensation Board reversing, by a divided vote, the decision of the Referee finding that claimant was not a dependent within the meaning of the Workmen’s Compensation Law and awarding death benefits to the mother of the deceased employee who was killed while in the course of his employment on February 13, 1963. The sole issue presented on appeal is the propriety of the board’s finding of partial dependency. At the time of his death decedent, then 49 years of age, unmarried and profitably employed, and his 72-year-old widowed…