Vita v. United General Insurance Co.

YELVERTON, Judge.

A constitutional question is raised in this worker’s compensation death case. The deceased workman left a surviving spouse and child who were wholly dependent on him. He also left another child, not living with him, who was partially dependent on him. The employer and its insurer took the position that the widow and child living with the deceased at the time of his death would consume the statutory maximum compensation benefits, and settled with them on that basis, leaving nothing for the partially dependent other child. The excluded child sued, and now appeals, contending…