Gold Mines Consolidated, Inc. v. Simmons

A proceeding before the Industrial Commission on a death claim under the Workmen’s Compensation Act, and involving the consideration of a portion of section 331, chapter 97, ’35.C.S.A., reading as follows:

“For the purposes of this article the following described persons shall be conclusively presumed to be wholly dependent:

“(a) Wife, unless it be shown that she was voluntarily separated and living apart from the husband at the time of his injury or death and was not dependent in whole or in part on him for support.”

Claimant, surviving wife, was denied a favorable award. In an appropriate…