Gilliland v. Hanging Tree Inc.

The widow sought death benefits under the Workmens Compensation Act. On the basis of affidavits and answers to interrogatories, the trial court granted defendants motion for summary judgment. Plaintiff appeals; we affirm. Assuming there was an issue of fact as to whether deceased was a "workman", the summary judgment was proper because no compensation benefits were payable under the "average weekly wage" provisions of the Workmens Compensation Act.