Wisconsin Drainage Co. v. Industrial Commission
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county; E. Ray Steyens, Circuit Judge. Action to impeach an award of the Industrial Commission. While in the employ of plaintiff, George Ganzer was so injured as to proximately cause his death under circumstances rendering the employer liable to his dependents under the-Workmen’s Compensation Act. líe was an unmarried man, twenty-one years of age, working away from the parental home.
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Appeal from a judgment of the circuit court for Dane county; E. Ray Steyens, Circuit Judge. Action to impeach an award of the Industrial Commission. While in the employ of plaintiff, George Ganzer was so injured as to proximately cause his death under circumstances rendering the employer liable to his dependents under the-Workmen’s Compensation Act. líe was an unmarried man, twenty-one years of age, working away from the parental home. He left home, took employment at $10 per week, and worked about a month before he was injured. In the meantime he visited home twice and turned over to his…
1Opinion of the CourtMarshall, J.
Were Mr. and Mrs. Ganzer, at the time their son was injured, to any extent, dependent upon him for support? If they were, within statutory limitations, they were entitled to be compensated for their loss under par. (b), sub. (3), sec. 2394 — 9, Stats. 1911.
There is no presumption of dependency of parents upon *45their children. Whether such condition exists in any particular case is a question of fact which the claimant must establish by the preponderance of evidence to satisfy sub. 3, sec. 2394 — 10, Stats. The burden in such a case should be regarded the same as in any ordinary civil action.…
2Cited by5 opinions
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