Thurmond v. W.S. Newell, Inc.

I agree with the majority that the amount the deceased contributed to the plaintiffs’ weekly income must be included in determining the plaintiffs’ total weekly income for purposes of workmen’s compensation. I disagree, however, with the majority’s conclusion that the plaintiffs are entitled to the statutory minimum weekly compensation, and I therefore respectfully dissent.

Whether the plaintiffs are entitled to the statutory minimum compensation under the facts of this case or to some lesser sum appears to be purely a matter of statutory interpretation. We are cited to no case in which an…