Claim of Emerson v. Dolomite Products Co.

Appeal by employer and its insurance carrier from an award of the Workmen’s Compensation Board which allowed death benefits to the mother of the deceased employee upon a finding of dependency. Coneededly decedent was killed in the course of his employment on August 28, 1950, when he was eighteen years of age. Dependency presents a question of fact. There is evidence in the record to sustain a finding of dependency by the board. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ. [See 283 App. Div. 676.]