Johnson v. Midland Constructors, Inc., (1943)
Court: Supreme Court of Florida
Number:
Visitors: 18
Judges: TERRELL, J.:
Attorneys: Miller Fitzsimmons, for appellants.
McCarthy, Bond Lane and William B. Bond, for appellees.
Filed: Jan. 19, 1943
Latest Update: Mar. 02, 2020
Summary: Meta M. Mitchell and Walter J. Johnson were married in Delaware in November, 1937. Frances Anne Mitchell, the second appellant was the minor daughter of Meta M. Mitchell by a former marriage. Walter J. Johnson deserted his wife in July 1938, and was instantly killed in December, 1940, while in the employee of appellee. The appellants filed their claim for benefits under Workman's Compensation Act. The parents of the deceased also filed a claim which is being held in abeyance pending the claim of
Summary: Meta M. Mitchell and Walter J. Johnson were married in Delaware in November, 1937. Frances Anne Mitchell, the second appellant was the minor daughter of Meta M. Mitchell by a former marriage. Walter J. Johnson deserted his wife in July 1938, and was instantly killed in December, 1940, while in the employee of appellee. The appellants filed their claim for benefits under Workman's Compensation Act. The parents of the deceased also filed a claim which is being held in abeyance pending the claim of ..
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See Section 440.02, paragraphs 11 and 15. It seems that the act contemplates actual dependents. The widow, living apart from the husband "for justifiable cause" is only entitled to compensation for his injury or death where she "is dependent for support upon him."
Source: CourtListener