Spencer v. State Workmen's Compensation Commissioner

McGraw, Justice:

This important appeal involves the interpretation and application of our Workmen’s Compensation Laws. The principal question presented is: what evidentiary showing of dependency is required of a spouse seeking an award of dependent’s benefits under W. Va. Code § 23-4-10 (1978 *725Replacement Vol.)? We answer that question by holding that the spouse of a deceased worker is presumed to be dependent upon the earnings of the worker for purposes of W. Va. Code § 23-4-10. (1978 Replacement Vol.).1

Imogene Spencer and Harold Spencer were married and lived together for more than thirty-two…