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Martin v. Beverage Capital Corporation3/25/1999
or the wording of the statute itself, points to such a strict rule of construction; in fact, legislative intent tells us that we must avoid such a narrow reading of the Act.
Furthermore, pursuant to 9-745 (b)(1), the decision of the Commission is presumed to be prima facie correct. There is nothing in the record to indicate that the Commission did not fairly consider all of the facts regarding Mr. Martin's accidental death or that it exceeded its powers or misconstrued the law and facts of the case. See 9-745 (c)(1)-(3). Therefore, in accordance with 9-745 (e)(1), we shall affirm the decision of the Commission and uphold the order of reinstatement of Mrs. Martin's workers' compensation death benefits.
III. CONCLUSION
For the reasons stated, we reverse the judgment of the Court of Special Appeals and hold that the phrase "continues to be wholly dependent," as found in 9-681(d), refers to a continued dependency on the deceased spouse's income at the time of his or her death. In making ongoing dependency determinations, the amount earned by the deceased employee at the time of death must be compared with the amount the claimant earns after the initial maximum $45,000 has been paid. In deference to the Commission's interpretation of the statute and its findings, we affirm its August 22, 1995, order, which found that Petitioner continued to be "wholly dependent on her deceased husband."
JUDGMENT OF THE COURT OF SPECIAL APPEALS REVERSED. CASE REMANDED TO THAT COURT WITH INSTRUCTIONS TO AFFIRM THE JUDGMENT OF THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY. COSTS IN THIS COURT AND IN THE COURT OF SPECIAL APPEALS TO BE PAID BY RESPONDENT.
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