Kostamo v. H. G. Christman Co.

183 N.W. 902, 214 Mich. 652, 1921 Mich. LEXIS 712
CourtMichigan Supreme Court
DecidedJuly 19, 1921
DocketDocket No. 88
StatusPublished
Cited by13 cases

This text of 183 N.W. 902 (Kostamo v. H. G. Christman Co.) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kostamo v. H. G. Christman Co., 183 N.W. 902, 214 Mich. 652, 1921 Mich. LEXIS 712 (Mich. 1921).

Opinion

Stone, J.

The applicant herein, called the plaintiff, claims compensation as a dependent of her son, John Wessala, who sustained an accidental injury while in the employ of the defendant H. G. Christman Company, in the city of Detroit on May 17, 1920, and died the same day as the result of said injuries. It was conceded on the part of the defendants that the decedent was earning. $35.10 per week at the time of the injury. The only question in controversy is whether the plaintiff was a dependent within the meaning of the compensation law, and, if so, the extent of her dependency. The matter was heard on arbitration in November, 1920, and plaintiff was awarded compensation at the rate of $4.22 per week for a period of' 300 weeks for partial dependency. From this award! defendants appealed to the industrial accident board» basing their claim upon the following grounds:

(1) The committee of arbitration erred in ruling that there was any dependency and that plaintiff was a dependent under the terms of the compensation law.

(2) The committee erred in its computation of the basis of dependency, and the extent thereof.

The evidence before the committee and the board tended to show that decedent, who was 34 years of age, and unmarried, had lived in the home of his mother and stepfather in Houghton county for a period of more than a year immediately preceding March, 1920- The family consisted of the plaintiff, her husband, this decedent and two children of the plaintiff’s husband by a former marriage, aged 15 and [654]*65418 years respectively, who were not working; also another son of the plaintiff, named George, lived with the family part of the time. The decedent, his brother George, and two strangers boarded with the family, and each paid board at the rate of $27 per month. The plaintiff testified that during the time the decedent lived with the family in Houghton county, he paid her regularly considerable money in addition to his board'. She estimated the amount of his contributions to her at not less than $33 per month, over and above board of $27 peri month; that he had been assisting her in that way “fifteen months consecutively.” There was other testimony tending to place the amount of decedent’s contributions to his mother at $33 per month.

As to the use to which this money was put, and the necessity for the same, plaintiff testified, in part, as follows:

“Q. Now you said a little while ago that the board money you received together with your husband’s salary prior to the time he had been laid off work, was sufficient to buy all the necessities. In that board money did you include the assistance of this extra $33 that you were getting from John? In other words, was that' also necessary? Was it necessary that you received that $30 in addition to the board money from John?
“A. Yes, that was necessary, too.
“Q. That is $33 you had to get that from John to get along?
“A. Yes, sir.”

,

The defendants submitted the deposition of John Kostamo, husband of the plaintiff, and stepfather of the decedent. He testified that decedent, in common with the other boarders, paid $27 per month to him for his board, and that he paid the bills -and running expenses of the home; that decedent made some contributions to his mother, but he did not know the [655]*655amount, and that these contributions were used by the mother to buy herself clothing. It also appeared that the plaintiff and her husband owned a house and lot at South Range, in Houghton county, but that no payments had been made thereon during the past year, and that the entire income of the family had gone to its support, and that the contributions made by decedent to his mother were necessary.

It appeared that decedent left the home in Houghton county the latter part of March, 1920. The plaintiff testified: “He left in the last days of March.” He gave his mother $51 before leaving home and had contributed nothing for her support thereafter. He was killed on May 17, 1920, probably about seven weeks after he left home. It was agreed that he was earning $5.85 per day at the employment in which he was engaged at the time of his death. The report filed by the defendant company with the board contained the statement: “How long employed? 2 days.”

Aside from this> statement in the report there was no evidence before the board as to what, if anything, the decedent earned after he left the home. He did earn $90 per month during the period of the year, or more, prior to leaving home.

Section 5 of part 2 of the compensation law (2 Comp. Laws 1915,, § 5435) provides:

“If the employee leaves dependents only partly dependent upon his earnings for support at the time of his injury, the weekly compensation to be paid as aforesaid shall be equal to the same proportion of the weekly payments for the benefit of persons wholly dependent as the amount contributed by the employee to such partial dependents bears to the annual earnings of the deceased at the time of his injury.”

After quoting the above provision of the statute the board concludes its findings as follows:

“(11) During the year immediately preceding his death, decedent lived in the home of his stepfather [656]*656and his mother, the applicant, substantially ten and one-quarter months. During the remaining one and three-quarter months of the year, he was not living at home. During the period of ten and one-fourth months that decedent lived in the home, he contributed, according to the testimony, at the rate of $33 per month, or contributed a total of $338.25, which constitutes decedent’s contribution to the support of his mother during the year preceding his deáth, as he made no contributions after leaving home. His earning, during this period of ten and one-fourth months which he lived at home and earned $90 per month, amounted to $922.50. There is no testimony that he earned any money after leaving home, except as indicated by the report that he worked two days, which, at the rate of wages given in the record, would amount to $11.70, making his total earnings, under the proofs, $934.20.
“(12) Under the provisions of the statute, above quoted, applicant’s dependency, if she was dependent, should be computed as follows:
C:44::338.25:934.20.
According to this computation, applicant would be entitled to compensation at the rate of $5.07 per week.
“(13) We are satisfied from the proofs before us that plaintiff was dependent. The respondents have filed no briefs with this board and we are not advised as to their theory but it is shown by the- record before us that the decedent contributed to his mother at the rate of $33 per month, during the time when he remained at home; $51 of this he gave her upon leaving home. It appears from the testimony presented by the respondents, that the running expenses of the home, exclusive of the claimant’s clothing and personal necessities, were provided for by the husband out of his wages and the proceeds received from the boarders. It

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Cite This Page — Counsel Stack

Bluebook (online)
183 N.W. 902, 214 Mich. 652, 1921 Mich. LEXIS 712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kostamo-v-h-g-christman-co-mich-1921.