State ex rel. McDonald v. Indus. Comm.

Summary

The Supreme Court of Ohio held that a claimant who was not married to a deceased employee may potentially qualify for workers’ compensation death benefits as a “member of the family” under R.C. 4123.59(D). The court affirmed a limited writ of mandamus directing the Industrial Commission to determine whether the claimant was a family member under the particular facts and, if so, the extent of her dependency.

Holdings

1. Marital status is not determinative under the last paragraph of R.C. 4123.59(D). A person who is not a surviving spouse may nevertheless be eligible for death benefits if the person is determined, based on the particular facts, to be a member of the deceased employee's family and is dependent in whole or in part on the employee for support.
2. The Commission abused its discretion by treating Carpenter's lack of marital status as dispositive and failing to determine whether she was a member of McDonald's family under R.C. 4123.59(D).
3. A limited writ of mandamus was proper to require the Commission to vacate its order and determine whether Carpenter was a member of McDonald's family at the time of the injury and, if so, the extent of her dependency.

Questions Presented

1. Whether an unmarried claimant may qualify for workers' compensation death benefits as a member of the deceased employee's family under the last paragraph of R.C. 4123.59(D).
2. Whether the Industrial Commission abused its discretion by denying Carpenter's claim solely because she was not McDonald's surviving spouse without determining whether she was a member of his family and, if so, the extent of her dependency.
3. Whether a limited writ of mandamus was appropriate to require the Commission to apply R.C. 4123.59(D) and make the initial factual determination regarding family membership and dependency.

Disposition

affirmed