Jones v. Winners Corp.

Birdsong, Judge.

We granted this workers’ compensation case discretionary appeal to correct misstatements of law by the ALJ.

The issue is the “dependency” of the claimant widower on his deceased wife. OCGA § 34-9-13 provides: “(b) The following persons shall be conclusively presumed to be the next of kin wholly dependent for support upon the deceased employee: (1) A wife or husband who had not voluntarily abandoned her or his spouse at the time of the accident resulting in the death of the spouse, except that, if the surviving spouse was employed for a period of 90 days next prior to the…