Day v. Town Club

This is an appeal from a decree sustaining an award of death benefits under the Workmen’s Compensation Act. Liability is admitted, and the issue presented is who are the beneficiaries under section 85.42, Code, 1946.

Section 85.42, Code, 1946, provides:

“Conclusively presumed dependent. The following shall be Conclusively presumed to be wholly dependent upon the deceased employee:

“1. The surviving spouse [with exceptions not here applicable] .

“2. A child or children under sixteen years of age, and over said age if physically or mentally incapacitated from earning, whether actually dependent for…