State ex rel. Newland v. Industrial Commission

The sole question for review is the extent of Toma’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:

a * # *

“(2) A child under the age of eighteen years * * * upon only the one parent who is contributing more than one-half of the support for such child and with whom he is living at the time of the death of such parent, or for whose maintenance such parent was legally liable…