Haynes v. J. E. Hall Contractors, Inc.

BAKES, Justice.

This is an action by a surviving widow for benefits pursuant to I.C. § 72-3021 for the death of her husband arising out of his employment. The applicable statute, I.C. § 72-302, read in part as follows:

“Dependents. — The following persons, and they only, shall be deemed dependents and entitled to compensation under the provisions of this act:

“The widow only if living with the deceased at the time of the accident, or actually dependent wholly or partially, upon him.

*494“The relation of dependency must exist at the time of the accident.” (Emphasis supplied).

The decedent, Lyle P.…