Wheeling Steel Corp. v. Morates

Section 4123.59, Revised Code, provides that payment to dependents shall be made to those partly or wholly dependent upon any employee whose death is caused by an injury received in the course of and arising out of such employment.

That section lists those who are presumed to be wholly dependent, makes the determination of the question of dependency a factual question and excludes dependency to those not related in specific ways to the decedent. Such section fails to define dependency.

The claimant, an adult daughter, not falling within the class presumed to be dependent, attempted to prove…