State ex rel. Shively v. Murphy Motor Freight

Loss of dependency dictates redistribution of the former dependents’ death benefits among the remaining dependents. See State ex rel. Columbus & S. Ohio Elec. v. Indus. Comm. (1979), 65 Ohio App.2d 83, 14 O.O.3d 85, 416 N.E.2d 629. No statutory formula directs how these funds are to be reapportioned. Instead:

“ * * * The commission has final discretion to award death benefits solely to those who are wholly dependent or to apportion such benefits among wholly dependent persons and other dependent persons as the commission deems equitable in the circumstances of each particular case.” (Emphasis…