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Martin v. Beverage Capital Corporation3/25/1999
ease when some specific point in time is reached, but will instead continue so long as her dependency remains; that is, until she remarries, dies, or the Commission decides that she has become wholly or partially self-supporting.
I. BACKGROUND
The facts of this case are undisputed. On January 15, 1992, Chester Martin was operating a helicopter in the course of his employment with Beverage Capital, Sun Dun, and Great Distribution when it malfunctioned and he was tragically killed. At the time of his death, Mr. Martin held various executive positions with Beverage Capital, Sun Dun, and Great Distribution. He was President and a shareholder of Beverage Capital, the sole owner of Sun Dun, and President of Great Distribution.
Mr. Martin was survived by Mrs. Martin. The Martins were married on July 2, 1976, and no children were born of the marriage. At the time of the marriage, Mrs. Martin was employed with Giant Food, earning approximately $18,000 per year. In June 1987, Mrs. Martin resigned her job with Giant Food because Mr. Martin wanted her to stay home and not work anymore. So that she would not have to work outside the home, the Martins agreed that Mr. Martin would pay Mrs. Martin a salary from Sun Dun, but that she would not have to actually do any work for the company. In 1991, Mrs. Martin began a sideline business selling business forms. Most of her customers were either businesses owned by her husband or accounts that he helped her obtain. Mrs. Martin received a salary from Sun Dun until January 15, 1992, the date of Mr. Martin's death. After this date, the salary payments stopped.
For the two years prior to Mr. Martin's death, the Martins' finances were as follows:
"1990 -- Chester Martin Income $151,504"
" Patricia Martin Income 38,895 (Sun Dun)"
" Total Family Income 190,399 "
"1991 -- Chester Martin Income $187,240"
" Patricia Martin Income 38,852 (Sun Dun)"
" 4,246 (Her job selling forms)"
" Total Family Income 230,338"
A few months after Mr. Martin was killed, Mrs. Martin filed a dependency claim with the Commission stating that she was "wholly dependent" on her husband at the time of his death. A hearing was held on January 21, 1994, and on February 1, 1994, the Commission found Mrs. Martin to be "wholly dependent" on her deceased husband. Pursuant to Md. Code (1991 Repl. Vol., 1998 Supp.), Labor and Employment Art., 9-602 ("Average weekly wage") and Code of Maryland Regulations (COMAR) 14.09.01.07, the Commission determined that Mr. Martin's average weekly wage was $2,850 per week ($148,200 per year). In accordance with the established formula, the Commission awarded Mrs. Martin $475 for 94.736 weeks as the weekly death benefit, retroactive to January 15, 1992.
Respondents filed an appeal of the Commission's order to the Circuit Court for Anne Arundel County, challenging the finding of Mrs. Martin's total dependency. The appeal was decided through cross motions for summary judgment, and on February 3, 1995, the court granted Mrs. Martin's summary judgment motion finding that she was "wholly dependent" on her husband at the time of his death. Respondents did not appeal this ruling. In accordance with the Commission's award, by the end of January 1994, Respondents had made total payments to Mrs. Martin of $45,000, the maximum initial award of compensation under 9-681(c)(2). They then discontinued the benefits.
At this point, the issue became whether Mrs. Martin continued to be wholly dependent after she received the initial maximum benefits under 9-681(d). Since 1993, Mrs. Martin has been working as an independe
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