It'appears from the record in this proceeding that at the date of its award, reversing the award of Commissioner Dorsett, and directing the payment of compensation by the employers and their insurance carrier to the employee, to wit: 6 October, 1931, the North Carolina Industrial Commission was inadvertent to the fact that the employee, Joe Butts, had died on 21 September, 1931. Neither the employers nor the insurance carrier were advertent to this fact, when the award was made by the Industrial Commission, or when the notice of appeal from said award was given by the employers and the insurance carrier. The appeal by the express provision of the North Carolina Workmen’s Compensation Act operated as a supersedeas, and neither the employers nor the insurance carrier were required to make any payment on the award until the questions of law involved in the appeal had been determined. Section 60, chapter 120, Public Laws, 1929, N. 0. Code of 1931, sec. 8081 (ppp). The award in this proceeding was not void, although it was made after the death of the employee. It was at most only irregular. The proceeding did not abate because of the death of the employee, prior to the filing of the award.
It is provided in the North Carolina Workmen’s Compensation Act that when an employee is entitled to compensation under the provisions of said act, and died from any other cause than the injury for which he was entitled to compensation, payment of the unpaid balance of compensation shall be made to his next of kin dependent upon him for support, in lieu of the compensation the employee would have been entitled *392to bad be lived. Section 37, chapter 120, Public Laws, 1929, N. C. Code of 1931, sec. 8081 (ss).
In tbis cause, on tbe facts appearing in tbe record, tbe North Carolina Industrial Commission, upon tbe suggestion of tbe death of tbe employee pending tbe proceeding, should have found tbe facts with respect to tbe next of kin of tbe deceased employee, dependent upon him for support, as it was directed to do by the order of Judge Harris. These findings should have been entered in tbe record, and certified to tbe Superior Court, to tbe end that said court could bear tbe appeal of tbe employers and their insurance carrier upon tbe questions of law involved in their appeal.
There was error in tbe judgment dismissing tbe proceeding. Tbe proceeding is remanded to tbe Superior Court of Wayne County, with direction that tbe Industrial Commission proceed after notice to tbe parties to bear evidence and find therefrom who are tbe next of kin of Joe Butts, deceased, dependent upon him for support at bis death. Such next of kin, if any, should be made parties to tbe proceeding. When that has been done, tbe appeal of tbe employers and their insurance carrier should be beard by tbe Superior Court on its merits, and judgment rendered accordingly.
If tbe injury suffered by Joe Butts on 27 January, 1927, is com-pensable under tbe provisions of tbe North Carolina Workmen’s Compensation Act, neither tbe employers nor their insurance carrier, should be relieved of liability for compensation, because tbe employee died before tbe award for such compensation was made and filed by tbe Industrial Commission. In that event tbe compensation should be paid to tbe next of kin of tbe deceased employee, who should be made parties to tbe proceeding to tbe end that they may be bound by tbe award by tbe Commission and affirmed by tbe Superior Court. Tbe judgment dismissing tbe proceeding is
Reversed.