Annual Report of the State Compensation Commissioner (Volume 6 )

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...proper bond of indemnity furnished, protecting the defendant against the remarriage or death of the said claimant. The Board determines as a fact that to commute this amount would be for the best interest of the claimant and her minor child. The facts of the case have been before the Orphans' Court of Blair county, and in consequence of what appeared to be for the best interests of the said minor, that Court appointed the Altoona Trust Co. as guardian and ordered a release of compensation when paid by the defendand to it in behalf of the minor for the purpose of making an invest ment in the home as desired by the mother. This is a determination of fact, supported by a judicial decree, that answers the terms of the Compensation Act, and affords proper protection to the minor involved. As to the suggestion made of record by the defendant, that if the Board grant commutation, it couple the same with an order directing the petitioner to enter the bond to protect and indemnify the defendant against the possible re-marriage or death of the claimant, is one to which the Board will not yield. Notwithstanding the fact that the courts of one particular county in the State feel that such an indemnifying bond is due to defendants or employers in cases of this kind, nevertheless the Board can find no provision for the same in the Workmen's Compensation Act. Marie Cecere v. Philadelphia Boot Black Supply Co., C. P. No. 2, Philadelphia county, December term, 1920, No. 8870, sustains the attitude of the Board in granting commutation to a widow and declining to order a bond of indemnity as against her death or re-marriage. It will be noted in this case that the defendant raises no question as to the right of commutation to the guardian of the minor...