#### REXFORD *v.*TRAILER TRANSPORT COMPANY.

1. Workmen’s Compensation — Remarriage op Mother — Compensation to Remaining Dependents.

Where mother and two children were awarded $23 per week workmen’s compensation as dependents and mother remarried, the two children were thereafter entitled to $21 per week (2 Comp. Laws 1929, § 8421, as amended by Act No. 245, Pub. Acts 1943).

2. Costs — Construction of Statute.

No costs are allowed in dependents’ proceeding to recover workmen’s compensation, where construction of statute is involved (2 Comp. Laws 1929, § 8421, as amended by Act No. 245, Pub. Acts 1943).

Beferencf.s for Points in Headnotes

[1] 58 Am. Jur., Workmen’s Compensation, §§ 187, 543.

[1] “Dependency” within Workmen’s Compensation Act, 13 A.L.R. 686, 708; 30 A.L.R. 1253, 1266; 35 A.L.R. 1066, 1075; 39 A.L.R. 313, 319; 53 A.L.R. 218, 226; 62 A.L.R. 160, 170; 86 A.L.R. 866, 880; 100 A.L.R. 1090,1100.

Appeal from Department of Labor and Industry.

Submitted April 9, 1948.

(Docket No. 9, Calendar No. 43,911.)

Decided June 14, 1948.

Virginia Rexford presented her claim for compensation as widow of Frederick Rexford, deceased, against Trailer Transport Company, employer, ancl Zurich General Accident & Liability Insurance Company, Ltd., insurer. A dispute having arisen over amount of compensation after remarriage of plaintiff, the cause was set for hearing. Award of full amount payable to minor children. Defendant ap*547peals.

Reversed and remanded for entry of award in reduced amount.

*Lacey, Scroggie, Lacey dt Buchanan (William*J. *Jones,*of counsel), for defendants.

Sharpe, J.

On leave granted, the defendants appeal in the nature of certiorari from an order of the department of labor and industry denying a reduction in the rate of compensation payments heretofore fixed at $23 per w7eek.

The facts are undisputed. Frederick1 Rexford sustained a fatal injury arising out of and in the course of his employment by the Trailer Transport Company on June 5, 1944. He left surviving a widoiv, Virginia Rexford, and two minor children by a previous marriage both under the age of 16 years. Thereafter, an application for a hearing was filed and an award for compensation was ordered paid to the widoAv and two minor children at the rate of $23 per week in accordance with the provisions of the compensation act. *

The defendant insurance company paid compensation in accordance with the aAvard until May 2, 1946, at which time the dependent Virginia Rexford Avas married to one Lloyd Gauss. Since said marriage the defendant has continued payment to the remaining dependents at the rate of $21 per Aveek. On August 28, 1946, the department of labor and industrv entered an order setting the case for hearing before a deputy commissioner for further determination of the rate of compensation Avhich should be paid to the remaining dependents. As a result of this order a hearing Avas had on January 28, 1947, and an award Avas entered dated January 29, 1947, *548requiring the defendants to continue payments at the rate of $23 per week. A claim for review was filed with the commission. On June 24, 1947, the commission affirmed the award of the deputy commissioner.

The issue in this case is identical with the issue involved in the case of *Webster*v. *Rotary Electric Steel Company, ante,*526, and decision in that case this day decided is controlling in the case at bar.

The award of the department of labor and industry is reversed and remanded for entry of an award at the rate of $21 per week as of May 2,1946. No costs are allowed as the construction of a statute is involved.

Bushnell, C. J., and Boyles, Reid, North, Dethmers, Butzel, and Carr, JJ., concurred.

*

 See 2 Comp. Laws 1929, § 8421. as nmoiulorl hv Aft No. 245, l>ub. Affs 1943 (Comp. Laws Supp. 1945, § 8421, Stat. Ann. 1947 Cum. Supp. § 17.155).—Reporter.