Workmen's Compensation Act, Dependency. Under St. 1911, c. 751, Part II, §§ 6, 7, if the mother and sister of a deceased employee, whose death resulted from an injury arising out of and in the course of his employment, at the time of his death had become unable to follow their usual occupations by reason of failing eyesight and had been forced to rely wholly upon the deceased employee for the means of subsistence, they can be found by the Industrial Accident Board to have been wholly dependent upon him within the meaning of the statute, although an aunt of the deceased employee from time to time had made remittances of money to the employee's mother and a pittance was earned by another sister of the employee, if it appears that the remittances from the aunt were mere gratuities that could not be relied upon by the alleged dependents and that the pittance earned by the sister hardly was sufficient for her own support and no part of it was paid to the alleged dependents or could be relied upon by them.
BRALEY, J.
"If death results from the injury, the association shall pay the dependents of the employee, wholly dependent upon his earnings for support at the time of the injury, a weekly payment equal to one half his average weekly wages, but not more than ten dollars nor less than four dollars a week, for a period of three hundred weeks from the date of the injury." St. 1911, c. 751, Part II, § 6. It was a question of fact whether the mother and sister of the deceased employee to whose support he had contributed were wholly dependent upon him within the provisions of the statute. Bartley v. Boston Northern Street Railway, 198 Mass. 163. Potts v. Niddrie Benhar Coal Co., Limited, A.C. 531, 538.
The evidence shows that they are residents of Italy, and, having become unable by reason of failing eye sight to follow their usual occupations, were forced to rely wholly upon him for the means of subsistence. The insurer, however, contends, that the six or seven cents a day earned by another sister who was a member of the family, and the remittances from time to time to the mother of various sums by an aunt of the decedent were sufficient to take the case out of the statute. But the findings, that the remittances were mere gratuities, and that the pittance earned by the sister was hardly sufficient for her own maintenance and that no part was paid to the dependents who never relied upon either for aid, eliminates those relatives as contributing and dependable sources of support.
It being plain on the facts that during his life the mother and sister had no other source of income except his earnings, they rightly were found to have been wholly dependent upon the employee, and the rulings requested could not be given. Pryce v. Penrikyber Navigation Colliery Co., Limited, 1 K.B. 221.
Decree affirmed.