Keller v. Industrial Commission (350 Ill. 390, 1932)

Mr. Justice Dunn

delivered the opinion of the court:

The sole question presented by this record is whether a mother who is dependent upon her son for her support is entitled to compensation from his employer for his death occasioned by an accident in the course of his'employment and arising out of it, the employer being her husband and her son’s step-father.

The plaintiff in error, Mary Keller, is the wife of William Keller, defendant in error, against whom on November 7, 1929, she filed a petition with the Industrial Commission for compensation for the death of her son, Edward Keller, on June 30, 1929. On January 30, 1930, she filed another petition, claiming compensation for the death of another son, Thomas Keller, on January 11, 1930. The first petition was heard by an arbitrator on July 15, 1930, and the second on August 27, 1930, and on October 15, 1930, an identical award was made in both cases, “that petitioner, Mary Keller, is the wife of the respondent, William Keller, and is therefore barred from recovering compensation from respondent, William Keller.” Petitions for review were filed, and the Industrial Commission on June 10, 1931, rendered its decision on each petition “that deceased left no persons entitled to compensation, and ordering that the respondent shall pay $300 into the special fund provided for in section 7, paragraph (