Gillander's Case
Massachusetts Supreme Judicial Court
Certification to the Superior Court under the provisions of the workmen’s compensation act of a decision of the Industrial Accident Board that the claimant, a child twelve years of age of Henry Gillander, deceased employee of E. J. Pinney, Inc., was not conclusively presumed to have been wholly dependent upon him for support, and awarding her partial compensation only. The case was heard in the Superior Court by King, J. Material facts are described in the opinion.
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Certification to the Superior Court under the provisions of the workmen’s compensation act of a decision of the Industrial Accident Board that the claimant, a child twelve years of age of Henry Gillander, deceased employee of E. J. Pinney, Inc., was not conclusively presumed to have been wholly dependent upon him for support, and awarding her partial compensation only. The case was heard in the Superior Court by King, J. Material facts are described in the opinion. By order of the judge, a decree was entered in terms following the decision of the board; and the claimant appealed.
1Opinion of the CourtJenney, J.
The only question involved is whether Hazel Gillander, a daughter of the deceased employee, twelve years old at the time of her father’s injury and death on March 23, 1920, is conclusively presumed to have been wholly dependent upon him.
The single member of the Industrial Accident Board found that the deceased was not legally bound to support his child at the time of his death and that she was entitled only to compensation as partially dependent on him; this decision was followed by the board. A decree was entered in the Superior Court directing payments to the daughter on the basis of…
2Cases cited5 opinions
- Brow v. BrightmanMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. AckerMassachusetts Supreme Judicial Court · 1908
- Baldwin v. FosterMassachusetts Supreme Judicial Court · 1885
- Foss v. HartwellMassachusetts Supreme Judicial Court · 1897
- Moran's CaseMassachusetts Supreme Judicial Court · 1919
3Cited by6 opinions
- Johnson's CaseMassachusetts Supreme Judicial Court · 1945
- Craddock's CaseMassachusetts Supreme Judicial Court · 1941
- Advance-Rumley Co. v. FreestoneIndiana Court of Appeals · 1929
- Lloyd-McAlpine Logging Co. v. Industrial CommissionWisconsin Supreme Court · 1926
- Smith's CaseMassachusetts Supreme Judicial Court · 1947
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