Patsy Hamby v. J. R. Simplot Company

This appeal is taken from an order entered by the Industrial Accident Board of the State of Idaho denying the appellant's
claim for death benefits under Idaho's Workmen's Compensation Law. The sole question presented to the Board in this case was
whether the appellant Patsy "Hamby" was, in fact, the wife of Lawrence Hamby at the time of his death in an industrial accident
at the J. R. Simplot Company. The appellant claimed to be the decedent's wife by common-law marriage. The Board held that
the evidence failed to establish the existence of a common-law marriage relationship between the appellant and the decedent. The appellant and the decedent began living together on May 8, 1970, at which time the appellant was still married to another
man by the name of Mr. Curriel. Ten days later, on May 18, 1970, the appellant obtained a decree of divorce from Mr. Curriel.
Three days later, on May 21, 1970, Lawrence Hamby died. The appellant claims that she was legally married to the decedent
for the three days between her divorce and his death. In other words, the appellant and the decedent lived together for only
thirteen days, during ten of which she was still legally married to another man.