TUOM v. DUANE HALL TRUCKING

No. 19162.

675 P.2d 1200 (1984)

Donnita TUOM, widow of Daniel Lawrence Tuom, Deceased, Plaintiff, v. DUANE HALL TRUCKING, State Insurance Fund and Industrial Commission of Utah, Defendants.

Supreme Court of Utah.

January 17, 1984.


Attorney(s) appearing for the Case

Roger D. Sandack, Salt Lake City, for appellant.

James R. Black, Salt Lake City, for respondent.


OAKS, Justice:

A surviving spouse seeks review of an Industrial Commission order denying her claim for workmen's compensation benefits for the death of her husband. At issue is the meaning of the statutory presumption of total dependency as it applies to a spouse1 and the sufficiency of a showing of partial dependency. U.C.A., 1953, §§ 35-1-68(2)(b)(iv) and 35-1-71.

Daniel and Donnita Tuom became married in a common law...

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