 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Martin v. Beverage Capital Corporation3/25/1999
ts are based on the worker's income, so there will naturally be a variable in how much claimants receive. However, the unfairness the court says will result if we adopt an interpretation of continued dependency based on the deceased worker's salary, rather than on the death benefits, is negated by application of the above four safeguards. The (1) built-in protection of the statutory cap; (2) the analysis of dependency determinations on a case-by-case basis pursuant to 9-679; (3) the application of the "consequential contribution" test after the initial $45,000 has been paid; and (4) the exercise of Commission jurisdiction under 9-681(j), as necessary, all will result in findings that are consistent and in accordance with the benevolent purpose of the Act. Finally, any unfairness that results which is beyond the reach of these safeguards is for the legislature to resolve.
We now turn to a discussion of Linder Crane, which the Respondents misconstrue. In finding that Mrs. Martin continues to be wholly dependent on Mr. Martin's income at the time of his death, we note that the Martins, like the Hogans in Linder Crane, had a private marital agreement that she would not work outside the home. This agreement was in place for the last several years of their marriage, including at the time of Mr. Martin's death; thus, it is clear that he intended to provide indefinite financial support for his wife while she took care of the household. Like Mrs. Hogan in Linder Crane, Mrs. Martin sought employment due to the financial circumstances brought about by her husband's death.
Respondents point to the "temporary employment" language found in Linder Crane and maintain that because Mrs. Martin's present job with Canada Dry is not temporary, as Mrs. Hogan's was found to be, she cannot continue to be wholly dependent on Mr. Martin. While it is true that Mrs. Martin's position with Canada Dry may not be temporary or occasional, it is undisputed that her income, which has never exceeded $16,000, is a mere fraction of what the Martin family income was when her husband was alive. Any contributions Mrs. Martin made to the family income, both while Mr. Martin was alive and also after his death, were minor, insubstantial contributions. Mrs. Martin's job selling business forms, which she had while Mr. Martin was alive, was purely a sideline business that yielded no substantial income ($4,246 in 1991). Moreover, her clients for this sideline business derived almost exclusively from her husband's business contacts. In addition, the salary she received from Sun Dun was purely gratuitous and did not in any way alter her dependent status on her husband.
Therefore, we can analogize the "temporary employment" scenario in Linder Crane to the major disparity that exists between Mrs. Martin's current income and what it was before Mr. Martin died. In so doing, it is obvious that Mrs. Martin's low-paying job with Canada Dry, with its sporadic, non-established hours, was "not intended to alter dependency ... on [Mr. Martin]." See Linder Crane, 86 Md. App. at 444, 586 A.2d at 1293. "Even total dependency is consistent with the receipt of some other income, if unsubstantial, or sporadic." 2A Arthur Larson, Larson's Workmen's Compensation Law 63.13, at 11-134 (1989)(footnote omitted).
On a policy level, if we were to adopt Respondent's interpretation of 9-681(d) there would be a disincentive for a surviving spouse, or any dependent, to work and be a productive member of society; instead, he or she could earn more money by not working and staying home. At the present time, Mrs. Martin is not earning more than the benefits, so if she had simply quit her job prior to the second workers' compensation hearing, she wou
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Maryland Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|