Universal Foundry Co. v. Industrial Commission

The plaintiffs contend that there existed no condition of dependency within the meaning of sec. 102.49 (2), Stats., which provides:

“Sec. 102.49. Additional death benefit for children, state fund. (1) . . .

“(2) A child lawfully adopted by the deceased employee and the surviving spouse, prior to the time of the injury, and a child not his own by birth or adoption but living with him *314as a member of his family at the time of the injury shall for the purpose of this section be taken as a child by their- marriage.”

The defendants contend that the award was not made under sec. 102.49 ( 2) but under…