Claim of Horn v. Curtiss-Wright Corp.

I dissent. The only question presented by this appeal is whether, as a matter of law, there is evidence to support the finding that the claimants, parents of the deceased employee, were dependent upon him within the meaning of the statute, at the time of his accidental death. (Workmen’s Compensation Law, § 16, subd. 4.) A partial dependency of both parents has been found and death benefits have been awarded to them at the full statutory rate.

The mere fact that the deceased made contributions to the parents some of which was used by them in aid of their support, this alone does not' prove…