IN RE HAYNES

No. 10979.

511 P.2d 309 (1973)

95 Idaho 490

In re Lyle Phillip HAYNES, Deceased. LaVerne HAYNES, Claimant-Appellant, v. J. E. HALL CONTRACTORS, INC., Employer, and Argonaut-Northwest Insurance Company, Surety, Defendants-Respondents.

Supreme Court of Idaho.

On Rehearing June 26, 1973.


Attorney(s) appearing for the Case

Owen L. Knowlton, D.K. Worden, Lewiston, for appellant.

John W. Barrett of Moffatt, Thomas, Barrett & Blanton, Boise, for respondents.


BAKES, Justice.

This is an action by a surviving widow for benefits pursuant to I.C. § 72-3021 for the death of her husband arising out of his employment. The applicable statute, I.C. § 72-302, read in part as follows:

"Dependents. — The following persons, and they only, shall be deemed dependents and entitled to compensation under the provisions of this act: ...... "The widow only if living...

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