Industrial Commission v. Dell

Citations

• 104 Ohio St. (N.S.) 389

Syllabus

<p>Industrial commission — Workmen's compensation — Revocation of atoard to widow — Section H65-86, General Code — Undivorced wife ly former marriage living — Presumption of status of first marriage — Burden to prove validity of second marriage — Right of legal representatives of widow to award.</p> <p>1. By authority of the continuing jurisdiction conferred by Section 1465-86, General Code, the industrial commission may revoke an award theretofore made, upon ascertainment of any facts going to the basis of the claimant’s right, whenever in its opinion such revocation is justified.</p> <p>2. Where in the case of a killed employe an award has béen made to the person claiming to be his widow, and it is afterward ascertained that the decedent had a former wife living, from whom he had not been divorced, it is the duty of the commission to revoke the award already made and to make an award to the widow of the lawful marriage.</p> <p>3. Where it is stipulated that both marriages have been lawfully solemnized and the record is silent as to whether there has been a divorce of the parties to the first marriage there is a presumption that the status of the parties to the first marriage continues, and the burden is upon the parties claiming • the validity of the second marriage to overcome such presumption.</p> <p>4. The right of a widow to participate in the state insurance fund is not lost by the death of such widow before an ' award has been rendered thereon, but the legal representative of such widow, in the absence of other dependents, is entitled to an award covering the period from the time of the death of the employe until the death of such widow.</p>