Faith E. Unruh And Yvette Rene Anderson v. Industrial Commission

On October 2, 1941, William Royce Anderson sustained injuries arising out of and in the course of his employment and was classified by the respondent Industrial Commission as permanently and totally disabled from that time until the date of his death, September 19, 1954. Petitioner herein, Faith E. Unruh, was the wife of deceased on the date of his injury. On July 14, 1945, in Juarez, State of Chihuahua, Mexico, petitioner obtained what is now commonly known as a "mail-order divorce", and thereafter on December 13, 1945, married James H. Unruh. As issue of this last marriage three children have been born. Acting under the belief that her previous divorce was void and that her second marriage was invalid, petitioner remarried James H. Unruh on November 5, 1954. Shortly after her remarriage to James H. Unruh, petitioner filed with the respondent a widows claim for death benefits. The claim was denied and this appeal followed. Petitioner contends that her Mexican divorce was void and that consequently her marriage to James H. Unruh on December 13, 1945, was invalid; that, as the widow of William Royce Anderson on September 19, 1954, she was entitled to the death benefits expressly provided by Section 23-1046, A.R.S.