STATE EX REL. NEWLAND v. INDUS. COMM.

No. 94-1016.

74 Ohio St.3d 347 (1996)

THE STATE EX REL. NEWLAND, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided January 17, 1996.


Attorney(s) appearing for the Case

Butkovich, Schimpf, Schimpf & Ginnochio Co., L.P.A., and James A. Whittaker, for appellant.

Betty D. Montgomery, Attorney General, Dennis Hufstader and Michael O'Grady, Assistant Attorneys General, for appellees Industrial Commission and Bureau of Workers' Compensation.


Per Curiam.

The sole question for review is the extent of Tonia's dependency upon decedent. Upon review, we reverse the judgment of the court of appeals and find Tonia to be wholly dependent upon decedent.

R.C. 4123.59(D)(2) reads:

"The following persons shall be presumed to be wholly dependent for their support upon a deceased employee:

"* * *

"(2) A child under the age of eighteen years * * * upon only the one parent who is...

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