BCM proves mother not entitled to son's death benefits

Julia McCarthy tried Aaron Pettet (Deceased) v. Shadow Manufacturing on behalf of the respondent.  This case involved a death claim. The decedent died as the result of exposure while cleaning a well on May 19, 2006. The accident itself was not disputed.

At the time of his death, the decedent was single with no children. A claim was filed alleging dependency by his mother.

Decedent's mother claimed partial dependency pursuant to Section 7(c) of the Act. The mother testified at the time of trial her deceased son gave her $40.00 - $100.00 per week for medication. She is diabetic. She testified she received cash from her son.

The insured testified regarding her knowledge as to a lack of relationship between the decedent and his mother.

In the decision of the arbitrator, she noted that to be entitled to benefits pursuant to Section 7(c) of the Act parents must show they were dependent upon the income of a child and relied upon that income to aid their means of living. The parents seeking partial dependency have the burden of proof of such dependency beyond the preponderance of the evidence.

The arbitrator noted that pursuant to case law, a parent will not be found to be dependent upon a deceased child if the child's earnings were minimal in comparison to the earnings of the parent and the parent did not rely upon the child for support or assistance consistent with their position in life. Further, the finding of dependency and benefits cannot be based on imagination, speculation or conjecture.

The arbitrator found the decedent's mother had not proven beyond a preponderance of the evidence that she was in any way dependent upon her deceased son. She found there was no tangible proof as to payments made to the mother. Benefits were denied.