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Martin v. Beverage Capital Corporation3/25/1999
at the time of his death. On its own, Mrs. Martin's approximately $15,000 annual salary is insufficient to compensate her as contemplated by the legislature in enacting the Workers' Compensation Act. Modifying the facts of the instant case and applying them to our own hypothetical, say that Mr. Martin was earning $500,000 at the time of his death. If we take eight percent of $500,000, Mrs. Martin's annual salary would be $40,000 per year. Now when we apply 9-679 and examine the particular facts and circumstances of this hypothetical, we observe that the Commission could well determine that Mrs. Martin is not wholly dependent, even though her $40,000 salary would also constitute a mere eight percent of Mr. Martin's annual salary at the time of his death.
The third safeguard is the consequential contribution test, discussed in Part II.B.2. supra, which ensures that total dependency will not be found if the claimant makes a substantial contribution to his or her own support. In applying the consequential contribution test to this case, it is clear that Mrs. Martin's earnings with Canada Dry do not constitute a "consequential contribution" to the family income. First, when we apply the correct formula, detailed supra in this section, and compare Mrs. Martin's current income against Mr. Martin's salary at the time of his death, it is obvious that the percentage of Mrs. Martin's earnings when compared to Mr. Martin's does not rise to the level of those found in the Mario Anello, Mullan Construction, and Toadvine cases, discussed supra, so as to constitute a consequential, substantial contribution. As mentioned, Mr. Martin's weekly wage was $2,850. After business expenses were deducted, Mrs. Martin's approximate weekly wages from her Canada Dry job were as follows for the three years after her husband's fatal injury : 1993 - $216 ($11,249.50 divided by 52); 1994 - $186 ($9,651 divided by 52); and 1995 - $305 ($15,879 divided by 52). Thus, in 1993, Mrs. Martin earned eight percent of Mr. Martin's full weekly wage; in 1994, she earned seven percent; and in 1995, she earned eleven percent. Second, even if we apply the formula that the Court of Special Appeals adopted and compare Mrs. Martin's current income to the statewide average weekly wage, we see that her weekly income is significantly less than the statewide average weekly wage of $475 in 1992, a figure that increases every year and thus makes the disparity even greater today. From the above weekly wage calculations, it is apparent that Mrs. Martin is not earning more than the average worker in Maryland, nor anywhere close to this average weekly wage. Moreover, there has been little change in Mrs. Martin's financial circumstances since the time when the Commission initially found her to be "wholly dependent" on Mr. Martin in its initial death benefit compensation award of February 1, 1994. Her personal income remains fairly static.
The final safeguard that exists to curb unfair award determinations is found in 9-681(j). It states in pertinent part:
"(j) Continuing jurisdiction of commission. - The Commission has continuing jurisdiction to:"
"(1) determine whether a surviving spouse or child has become wholly or partly self-supporting;"
"(2) suspend or terminate payments of compensation."
Therefore, should Mrs. Martin's financial circumstances change down the road and she becomes either wholly or partially self-supporting, the Commission has the authority to reduce or eliminate her benefits as necessary.
In many cases there may well be a discrepancy in the amount of ultimate benefits awarded to a person who is wealthy and a person who is not. In general, workers' compensation benefi
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