Evans v. Industrial Commission of Ohio

The question presented is whether the plaintiff in each case is a “member of the family of the deceased” person she had married, within the meaning of that phrase as used in Section 4123.59, Revised Code.

There is no question in either case that plaintiff entered into a bigamous marriage with the now deceased employee, and there is no evidence of any consequence that a divorce was obtained either prior to or after the second marriage.

Where there is absence of proof that there has been a divorce of the parties to a marriage, there is a presumption that the marital status of the parties…