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Banegas v. State Industrial Insurance System3/16/2001
. If the non-enumerated dependency is partial, the formula for compensation is set forth in subsection (b) of NRS 616C.505(8). If the dependency is total, the benefits must not exceed 66 2/3 percent of the decedent's average monthly wage. Although no set time frame for payment of total dependency death benefits under NRS 616C.505(8) is set forth, it is evident that such benefits would terminate on the death of the claimant or the termination of disability. Termination of disability would include death, recovery or rehabilitation from the disability, or remarriage, consistent with the enumerated dependencies.
I would note parenthetically that the claimant in this case cannot meet the requirements as a surviving spouse, having been divorced and not remarried in compliance with Nevada laws governing marriage at the time of the demise of Mr. Banegas. Thus, this claimant's only ground for recovery of workers' compensation death benefits must be in the context of non-enumerated dependencies under NRS 616C.505(8).
I recognize that NRS 616A.010 legislatively abrogated the common law rule, which required liberal interpretation of our workers' compensation statutory scheme. However, given my conclusion that NRS 616C.505 unambiguously provides for total dependency benefits for non-enumerated dependents, NRS 616A.010 is not implicated by the construction sought by appellant. I would therefore reverse and remand for a calculation of death benefits in accord with the views expressed above.
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