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Cole v. Hendry Corp.
Citations: 230 Ark. 100; 321 S.W.2d 377; 1959 Ark. LEXIS 581Docket: 5-1715
Court: Supreme Court of Arkansas; February 23, 1959; Arkansas; State Supreme Court
The case concerns a Workmen’s Compensation claim by Mrs. Lela Cole, who sought dependency benefits following the death of her son, Claude Stevenson, who drowned while employed by Hendry Corporation. Initially awarded $2.50 per week for 450 weeks by a single commissioner, her claim was later disallowed by the full Commission, which was upheld by the Circuit Court. Key findings included that Claude Stevenson, born in 1920, had no children and was intermittently employed, earning approximately $500 in 1951. His mother, Mrs. Cole, was married and supported by her husband, undermining her claim of dependency. The Commission concluded there was insufficient evidence to establish that Mrs. Cole was partially dependent on Claude, noting inconsistencies in her testimony and the fact that he had not regularly contributed to her support. The appellate court emphasized that it must affirm the Commission’s findings if supported by substantial evidence, reiterating that dependency is a factual determination influenced by the circumstances of the case. The court ruled that there was substantial evidence to support the Commission's conclusion and affirmed the dismissal of Mrs. Cole's claim, with Justices MoFaddin and Johnson dissenting.