WHEELING STEEL CORP. v. MORATES

No. 1133.

120 Ohio App. 315 (1963)

WHEELING STEEL CORP., APPELLANT, v. MORATES ET AL., APPELLEES.

Court of Appeals of Ohio, Jefferson County.

Decided May 27, 1963.


Attorney(s) appearing for the Case

Messrs. Kinder, Kinder & Kinder, for appellant.

Mr. R. N. Larrimer and Mr. Samuel Freifield, for appellee Mary R. Marcozzi Morates.

Mr. William B. Saxbe, attorney general, and Mr. Alvin C. Vinopal, for appellee James L. Young, Administrator, Bureau of Workmen's Compensation.


BROWN, J.

Section 4123.59, Revised Code, provides that payment to dependents shall be made to those partly or wholly dependent upon any employee whose death is caused by an injury received in the course of and arising out of such employment.

That section lists those who are presumed to be wholly dependent, makes the determination of the question of dependency a factual question and excludes dependency to those not related in specific ways to the decedent....

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