A-34959, JANUARY 30, 1931, 10 COMP. GEN. 332

A-34959: Jan 30, 1931

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EMPLOYEES' COMPENSATION ACT - DISABILITY COMPENSATION - STEP-GRANDCHILD A STEP-GRANDCHILD OF A DECEASED EMPLOYEE OF THE GOVERNMENT IS NOT ENTITLED TO DISABILITY COMPENSATION UNDER THE EMPLOYEES' COMPENSATION ACT OF SEPTEMBER 7. AS FOLLOWS: THERE IS TRANSMITTED HEREWITH APPROVED PAY-ROLL VOUCHER. IS ENROLLED AT THE INDIAN AGENCY. THE FACTS ARE AS FOLLOWS: EDWARD C. WAS INJURED IN THE PERFORMANCE OF DUTY MAY 10TH. THE TEAM WHICH HE WAS DRIVING RAN AWAY AND HE WAS THROWN UNDER THE WAGON. CLAIM WAS MADE BY MRS. THE COMMISSION LEARNED THAT ERNESTINE WARREN WAS THE ILLEGITIMATE DAUGHTER OF ROSE THUNDER. ROSE THUNDER WAS THE DAUGHTER OF LIZZIE C. WARREN WAS THE WIFE OF THE DECEDENT. THE COMMISSION FOUND FROM THE EVIDENCE THAT ERNESTINE WARREN WAS ENTIRELY DEPENDENT FOR SUPPORT UPON EDWARD C.

A-34959, JANUARY 30, 1931, 10 COMP. GEN. 332

EMPLOYEES' COMPENSATION ACT - DISABILITY COMPENSATION - STEP-GRANDCHILD A STEP-GRANDCHILD OF A DECEASED EMPLOYEE OF THE GOVERNMENT IS NOT ENTITLED TO DISABILITY COMPENSATION UNDER THE EMPLOYEES' COMPENSATION ACT OF SEPTEMBER 7, 1916, 39 STAT. 744, BY REASON OF THE DEATH OF THE EMPLOYEE FROM INJURY IN LINE OF DUTY.

COMPTROLLER GENERAL MCCARL TO E. V. PARKER, CHIEF OF ACCOUNTS, UNITED STATES EMPLOYEES' COMPENSATION COMMISSION, JANUARY 30, 1931:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 16, 1931, AS FOLLOWS:

THERE IS TRANSMITTED HEREWITH APPROVED PAY-ROLL VOUCHER, PRESENTED TO ME FOR PAYMENT IN THE SUM OF $562.33, IN FAVOR OF THE SUPERINTENDENT, CONSOLIDATED CHIPPEWA AGENCY, U.S. INDIAN SERVICE, CASS LAKE, MINN., COVERING COMPENSATION AWARDED ERNESTINE WARREN, DEPENDENT STEP-GRANDCHILD OF EDWARD C. WARREN, DECEASED, FOR THE PERIOD MAY 12TH, 1928, TO JANUARY 15TH, 1931, AT THE RATE OF $17.50 PER MONTH. ERNESTINE WARREN, MINOR, IS ENROLLED AT THE INDIAN AGENCY, THE SUPERINTENDENT BEING THE EX-OFFICIO GUARDIAN.

THE FACTS ARE AS FOLLOWS: EDWARD C. WARREN, EMPLOYED AS A TEAMSTER, U.S. INDIAN SERVICE, RED LAKE, MINN., WAS INJURED IN THE PERFORMANCE OF DUTY MAY 10TH, 1928. THE TEAM WHICH HE WAS DRIVING RAN AWAY AND HE WAS THROWN UNDER THE WAGON, WHICH PASSED OVER HIM CAUSING A RUPTURED KIDNEY WHICH RESULTED IN HIS DEATH ON MAY 11TH, 1928.

ON SEPTEMBER 18TH, 1928, CLAIM WAS MADE BY MRS. LIZZIE C. WARREN ON BEHALF OF ERNESTINE WARREN, DEPENDENT GRANDCHILD OF THE DECEASED. AFTER INVESTIGATION, THE COMMISSION LEARNED THAT ERNESTINE WARREN WAS THE ILLEGITIMATE DAUGHTER OF ROSE THUNDER. ROSE THUNDER WAS THE DAUGHTER OF LIZZIE C. WARREN BY A FORMER HUSBAND. LIZZIE C. WARREN WAS THE WIFE OF THE DECEDENT, EDWARD C. WARREN. THE COMMISSION FOUND FROM THE EVIDENCE THAT ERNESTINE WARREN WAS ENTIRELY DEPENDENT FOR SUPPORT UPON EDWARD C. WARREN AT THE TIME OF THE LATTER'S DEATH. COMPENSATION WAS THEREFORE AWARDED TO HER AT THE RATE OF 20 PERCENT MINIMUM SALARY (SECTION 9 (K) OF THE COMPENSATION ACT) AS A WHOLLY DEPENDENT STEP-GRANDCHILD.

SECTION 9 (F) OF THE COMPENSATION ACT UNDER WHICH THIS AWARD IS MADE SPECIFIES CERTAIN DEPENDENTS TO WHOM AWARDS ARE PAYABLE, AND SECTION 9 (J) DEFINES CHILDREN, BROTHERS AND SISTERS, AND PARENTS, TO INCLUDE THE STEP RELATION. THE TERM "GRANDCHILD," HOWEVER, IS NOT DEFINED TO INCLUDE STEP- GRANDCHILD.

DECISION IS, THEREFORE, REQUESTED AS TO WHETHER PAYMENT MAY BE PROPERLY MADE TO A STEP-GRANDCHILD UNDER THE PROVISIONS OF THE COMPENSATION ACT.

IN CASES OF DEATH RESULTING FROM AN INJURY TO A GOVERNMENT EMPLOYEE IN THE LINE OF DUTY, SECTION 10 OF THE ACT OF SEPTEMBER 7, 1916, 39 STAT. 744, PROVIDES FOR THE PAYMENT OF COMPENSATION UNDER THE CONDITIONS THEREIN SET FORTH TO (A), (C) WIDOW, (B), (C) WIDOWER, (D) CHILDREN, (E) PARENTS, (F) BROTHERS, SISTERS, GRANDPARENTS AND GRANDCHILDREN, AND PARAGRAPH (H) OF THAT SECTION PROVIDES AS FOLLOWS:

AS USED IN THIS SECTION, THE TERM "CHILD" INCLUDES STEPCHILDREN, ADOPTED CHILDREN, AND POSTHUMOUS CHILDREN, BUT DOES NOT INCLUDE MARRIED CHILDREN. THE TERMS "BROTHER" AND "SISTER" INCLUDE STEPBROTHERS AND STEPSISTERS, HALF BROTHERS AND HALF SISTERS, AND BROTHERS AND SISTERS BY ADOPTION, BUT DO NOT INCLUDE MARRIED BROTHERS OR MARRIED SISTERS. ALL OF THE ABOVE TERMS AND THE TERM "GRANDCHILD" INCLUDE ONLY PERSONS WHO AT THE TIME OF THE DEATH OF THE DECEASED EMPLOYEE ARE UNDER EIGHTEEN YEARS OF AGE OR OVER THAT AGE AND INCAPABLE OF SELF-SUPPORT. THE TERM "PARENT" INCLUDES STEP- PARENTS AND PARENTS BY ADOPTION. THE TERM "WIDOW" INCLUDES ONLY THE DECEDENT'S WIFE LIVING WITH OR DEPENDENT FOR SUPPORT UPON HIM AT THE TIME OF HIS DEATH. THE TERM "WIDOWER" INCLUDES ONLY THE DECEDENT'S HUSBAND DEPENDENT FOR SUPPORT UPON HER AT THE TIME OF HER DEATH. THE TERMS "ADOPTED" AND "ADOPTION" AS USED IN THIS CLAUSE INCLUDE ONLY LEGAL ADOPTION PRIOR TO THE TIME OF THE INJURY.

THE STATUTE SPECIFICALLY DEFINES THE TERM "CHILD" TO INCLUDE STEPCHILDREN, AND IT DEFINES THE TERM "BROTHER" AND "SISTER" AS INCLUDING STEPBROTHERS AND STEPSISTERS BUT DOES NOT DEFINE THE TERM "GRANDCHILDREN"- -- PROVIDED FOR UNDER (F) ALONG WITH BROTHERS AND SISTERS--- TO INCLUDE STEP-GRANDCHILDREN. ACCORDINGLY, YOU ARE ADVISED THAT PAYMENT OF DISABILITY COMPENSATION TO ERNESTINE WARREN, STEP GRANDCHILD OF EDWARD C. WARREN, DECEASED GOVERNMENT EMPLOYEE, IS NOT AUTHORIZED.