Workmen's compensation — Employee and employer — Work relief employee — Acts of August 19, 1932, P. L. 90, and June 2, 1915, P. L. 736.
1. A person assigned by the emergency relief board of a county, acting under the provisions of the Act of August 19, 1932, P. L. 90, to work on a county road under the direction of the county commissioners, is an employee of the county within the meaning of the Workmen's Compensation Act of 1915. [281-8]
2. The primary purpose of the Act of 1932 is the providing of employment and not the relief of indigents. [282]
3. Section 104 of the Act of 1915, which defines an employee as synonymous with a servant who performs services for another for a valuable consideration, does not specify that any particular person shall pay this consideration, and liability for compensation is not conditioned upon the payment, or the obligation to make payment, of wages by the person against whom the claim for compensation is made. [282-5]
4. The relation of master and servant exists where the employer has the right to select the employee, the power to remove and discharge him, and the right to direct both what work shall be done, and the way and manner in which it shall be done. [285]
Workmen's compensation — Award — Surviving and dependent parent — Act of April 26, 1929, P. L. 829.
5. Under section 307 of the Workmen's Compensation Act, as amended by the Act of April 26, 1929, P. L. 829, a dependent parent is entitled to compensation for the death of a minor in the amount of 45 per cent of decedent's wages. [288]
Argued December 3, 1935.
PER CURIAM, January 6, 1936:
A majority of the judges who heard the argument in this case are of opinion the decree of the Superior Court should be affirmed on the opinion of Judge PARKER.
Judgment affirmed.