Gonzalez

Flavio P. Ayala died in an industrial accident June 21, 1972, leaving a surviving widow, respondent Cruz Sandez de Ayala, and two minor, partially dependent step-grandchildren, respondents also. Cruz was awarded $25,000 compensation as a wholly dependent surviving widow and an additional $3,000 for the minors. Petitioners Gonzalez and Continental Casualty Insurance Company want the award annulled.

*282 Both Flavio and Cruz were “green-card” holders—they had been granted the status of immigrants and resident aliens in the United States by the United States Government. 1 2 Cruz registered with the United States Government each January as a resident alien giving her address as her daughter’s residence in Calexico, California. Cruz sought full death benefits as a surviving widow. She did not establish she was totally dependent on Flavio for support. The referee found she was entitled to the presumption of Labor Code section 3501 which provides a wife is conclusively presumed to be wholly dependent for support on her husband with whom she was living or who was legally liable for her support when he was injured. He also found the couple actually resided in Mexicali, Mexico,…