Dunbar v. Edward Levy Metals, Inc.

HENRY F. TURNER, Judge pro tern.

This is a suit for Workmen’s Compensation benefits by Rosa Nell Dunbar, the widow of a deceased employee who was killed while in the course and scope of his employment with defendant. The defendant employer, Edward Levy Metals, Inc., contends that no Workmen’s Compensation benefits are due plaintiff because she was separated in fact from her husband, Philip Dunbar, and was not dependent on him for support at the time of his death. This defense forms the sole issue in this case.

The Louisiana Workmen’s Compensation statute, LSA-R.S. 23:1254, provides:

“In all…