Tuom v. Duane Hall Trucking

OAKS, Justice:

A surviving spouse seeks review of an Industrial Commission order denying her claim for workmen’s compensation benefits for the death of her husband. At issue is the meaning of the statutory presumption of total dependency as it applies to a spouse 1 and the sufficiency of a showing of partial dependency. U.C.A., 1953, §§ 35-l-68(2)(b)(iv) and 35-1-71.

Daniel and Donnita Tuom became married in a common law relationship in Idaho in 1971. They separated in June 1980 because Daniel was seeing another woman. Donnita lived with members of her family in Idaho, and Daniel lived with the…