The opinion
ZAPPALA, Justice,
concurring.
I join in the majority opinion as I find it to be a proper interpretation of the current law of this Commonwealth. As noted, Section 307 of the Pennsylvania Workers’ Compensation Act, 77 P.S. § 561, provides that compensation shall be distributed to a parent of the deceased employee if the parent was dependent “to any extent” upon the employee at the time of the injury. Furthermore, case law has developed defining the test for dependency as whether or not the employee’s earnings were needed to provide the parent with some of the ordinary necessities of life suitable for persons in their class and position. Majority at 331.
As it appears that the vacation home fell within this definition, I believe the majority’s analysis is correct. However, since “ordinary necessities of life” are not statutorily defined, I question a case by case examination of what is “necessary” for a particular class. Such an indefinite analysis leaves room for rewarding the extravagant while penalizing the frugal. I would respectfully request that this issue be reexamined by the Legislature. A statutory definition of what constitutes “ordinary necessities of life” would be beneficial to the bench and bar alike.