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Banegas v. State Industrial Insurance System3/16/2001
Appellant Annabelle Banegas was an unmarried cohabitant of decedent Robert Banegas at the time of his death in 1994. During the period of their cohabitation, Annabelle relied on Robert for substantially all of her financial support, including all living expenses other than the cost of housing. After Robert's work-related death, Annabelle applied for death benefits from the State Industrial Insurance System (SIIS) as a dependent of Robert. SIIS denied Annabelle's claim on the basis that she was not a "legal dependent" of Robert at the time of his death. SIIS's denial was upheld by an appeals officer, and the district court subsequently denied Annabelle's petition for judicial review. On appeal, Annabelle contends that she should not have been denied death benefits because NRS 616C.505(8) (cf. NRS 616.615(8)) provides benefits for factual dependents regardless of their legal relationship to the deceased employee. We disagree and affirm the order of the district court denying the petition for judicial review.
FACTS
Robert and Annabelle were married on April 2, 1955. They divorced on August 4, 1981. The divorce decree made no provision for Annabelle's support but did distribute the community property. Robert and Annabelle eventually reconciled and began cohabitating sometime in 1990, but never remarried. From 1990 until Robert's death in 1994, they lived in Annabelle's house with Robert providing substantially all of Annabelle's financial support. Specifically, Robert paid for all of the living expenses other than the cost of housing.
Robert had been an employee of Reynolds Electric Systems Company (REECO) for approximately twenty-six years, working almost exclusively in tunnel areas. On January 4, 1994, Robert died from a lung disease which was related to his work for REECO.
Following Robert's death, Annabelle applied for death benefits from SIIS as a dependent of Robert. SIIS denied Annabelle's claim based upon its reading of NRS 616C.505 that death benefits were payable only to designated dependents related by blood or marriage. Annabelle appealed SIIS's decision, asserting that subsection 8 of NRS 616C.505 is a catchall category providing death benefits to factual dependents regardless of any legal relationship to the deceased employee. The appeals officer upheld SIIS's claim denial after concluding that Annabelle was not entitled to death benefits under NRS 616C.505 because she was not Robert's legal dependent at the time of his death. Similarly, the district court denied Annabelle's petition for judicial review after concluding that there was substantial evidence to support the appeals officer's decision.
DISCUSSION
The facts of this case are not in dispute. The question before this court is whether the appeals officer properly interpreted the workers' compensation statutes applicable to this case. Questions of law are reviewed de novo. SIIS v. United Exposition Services Co., 109 Nev. 28, 30, 846 P.2d 294, 295 (1993). " reviewing court may undertake independent review of the administrative construction of a statute." American Int'l Vacations v. MacBride, 99 Nev. 324, 326, 661 P.2d 1301, 1302 (1983).
NRS 616C.505 provides, in descending order of entitlement, that the surviving spouse, minor children, or parents or siblings of a deceased employee are entitled to receive death benefits if an injury arising out of and in the course of employment causes the employee's death. See NRS 616C.505(2)-(6). Additionally, subsection 8 provides:
"In all other cases involving a question of total or partial dependency:
(a) The extent of the dependency must be determined in accordance with the facts e
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