Wengler v. Druggists Mutual Insurance Co.

BARDGETT, Judge.

The issue on this appeal is whether the provision contained in section 287.240, RSMo Supp.1976, which affords a conclusive presumption of dependency to a widow for obtaining workmen’s compensation benefits for the death of her spouse but requires a widower to prove actual dependency to receive reciprocal benefits, offends the equal protection clause of art. 1, sec. 2, Mo.Const., and amendment 14, U.S.Const.

Plaintiff-respondent Paul J. Wengler’s wife Ruth was killed in an accident while working for defendant-appellant Dieus Prescription Drugs, Inc., and plaintiff made a claim…