In the Matter of the Claim of Giovanni Zirpola, Respondent, Against T. & E. Casselman, Inc., Appellants

Summary

The Court held that a cause of action for death against a third party is for the benefit of the next of kin, not the dependents defined by the Workmen’s Compensation Act, and therefore the deficiency owed by the employer or carrier is measured by crediting the portion of the verdict actually received by the dependent who elected benefits. The Court further explained that the amendment to section 29 does not alter this characterization but merely provides subrogation rights to the employer or carrier. The order of the lower court was affirmed with costs.