Yocom v. Hylton

GANT, Judge.

The sole issue on appeal is whether the presumption of dependency referred to in KRS 342.075(l)(a) with regard to a surviving spouse is conclusive or rebuttable.

Allie Mae Hylton, widow and dependent of Hays Hylton, filed her application seeking widow’s benefits on January 6, 1975, alleging that her husband died as a result of pneumoconiosis and a heart attack on October 11, 1974. Another application for dependency benefits was filed by the guardian of James Hays Hylton, the son of the decedent, alleging that his father died of pneumoconiosis and a heart attack.

The Board in its…