Rubino's Case

The employee appeals from a decree dismissing his claim for dependency compensation. He was injured on May 3, 1949, and has been receiving weekly total incapacity compensation. The question concerns the dependency of a wife and three children under the age of eighteen, who are in Italy, residing in a house owned by her. He emigrated to this country in January, 1949. The reviewing board adopted the findings and decision of the single member.

General Laws (Ter. Ed.) c. 152, § 35A, inserted by St. 1945, c. 717, as appearing in St. 1946, c. 553, provides: “Where the injured employee has persons…