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Martin v. Beverage Capital Corporation3/25/1999
Patricia Martin et al. v. Beverage Capital Corporation et al. - No. 60, 1998 Term
WORKERS' COMPENSATION - Maryland Code (1991 Repl. Vol.), Labor and Employment Article, 9-681(d) permits additional benefits where surviving spouse "continues to be wholly dependent" based on the decedent worker 's wages rather than the lesser amount of workers' compensation benefit payments.
Bell, C. J. Rodowsky Chasanow Raker Wilner Murphy, Joseph F., Jr. (Specially Assigned) Thieme, Raymond G., Jr. (Specially Assigned) JJ.
In this appeal, we are asked to settle a dispute as to the identity of the payment source upon which a surviving spouse, in a workers' compensation death benefits case, must continue to be dependent in order to receive additional benefits after the initial maximum award of $45,000 has been paid out. Specifically, we are called upon to determine whether the phrase "continues to be wholly dependent," as found in Maryland Code (1991 Repl. Vol.), Labor and Employment Article, 9-681(d), refers to an ongoing dependency on the deceased worker 's wages or the generally lesser amount of workers' compensation benefits. Patricia Martin (Petitioner) contends that in ongoing dependency determinations, "continues to be wholly dependent" refers to the standard of living the claimant experienced while the deceased spouse was alive; thus, she has a continued dependency on her husband's income at the time of his death. Beverage Capital Corporation (Beverage Capital), Sun Dun, Inc. (Sun Dun), and Great Distribution and Warehousing, Inc. (Great Distribution) (Respondents) argue, in accordance with the Court of Special Appeals, that this phrase refers to the surviving spouse's continued dependency on the workers' compensation death benefits initially granted.
For the reasons set forth below, we reverse the judgment of the Court of Special Appeals and affirm the Workers' Compensation Commission's (Commission) finding that Petitioner continued to be wholly dependent on her deceased husband within the meaning of the Workers' Compensation Act. In accordance with the Commission's interpretation of the statute and its findings of total dependency on the part of Petitioner, we hold that "continues to be wholly dependent" as found in 9-681(d) refers to the surviving spouse remaining wholly dependent on the deceased spouse's income at the time of his or her death, and not the generally lesser amount of workers' compensation benefits. Thus, in making ongoing dependency determinations, the amount earned by the deceased worker at the time of death must be compared with the amount the claimant earns after the initial $45,000 has been received. In this case, Mr. Martin, the deceased spouse, earned an average of $200,000 per year prior to his accident. In stark contrast is the average salary of Mrs. Martin, the surviving spouse, of approximately $15,000 per year. After Mrs. Martin received the initial $45,000, she was still earning approximately $15,000 per year; therefore, she "continues to be wholly dependent" if her circumstances have not changed since the initial dependency determination was made.
In the instant case, we need not attempt to define the exact point at which a claimant becomes either wholly or partially self-supporting after the initial $45,000 has been paid out. We leave to the legislature and future cases the task of determining the percentage or amount of the deceased spouse's average weekly income the claimant must earn in order to be found either wholly or partially self-supporting. With this holding we are adopting the Commission's interpretation and administration of the Act, which directs that Petitioner's workers' compensation death benefits will not suddenly c
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