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Weatherly v. Great Coastal Express Co.9/19/2005
Hollander, Kenney, Barbera, JJ.
Maryland's workers' compensation law provides for dependency death benefits to "individuals who were wholly dependent" upon a worker at the time of his or her "death resulting from an accidental personal injury or occupational disease[.]" See Md. Code (1991, 1999 Repl. Vol., 2004 Supp.), § 9-681 of the Labor and Employment Article ("LE"). The statute caps the dependency benefits at $45,000.00, but allows extended benefits to a "surviving spouse" or "child" who continues to be wholly dependent after $45,000.00 has been paid to that individual. See LE § 9-681(c), (d), (g). This case presents the question whether an individual who lived with, but was not married to, the deceased worker qualifies for extended benefits if that individual continues to be wholly dependent after the $45,000.00 cap in benefits is attained.
Appellant, Dicie Weatherly, Personal Representative of the Estate of Edward Bernard Scheibel, resided with, but never married, Mr. Scheibel. After the Workers' Compensation Commission ("Commission") determined that Ms. Weatherly was wholly dependent upon Mr. Scheibel at the time of his death, she was awarded dependency benefits pursuant to LE § 9-681. More than three years later, Great Coastal Express Co., Inc. ("Great Coastal") and Liberty Mutual Fire Insurance Co. (collectively, "appellees") informed Ms. Weatherly that more than $45,000.00 had been paid to her, and her benefits would cease.
Ms. Weatherly initiated proceedings before the Commission, arguing that she was entitled to continued dependency benefits. Appellees responded that Ms. Weatherly's benefits should be terminated on the theory that, under LE § 9-681, she was not entitled to receive more than $45,000.00.
The Commission decided that Ms. Weatherly's benefits were not required to be capped at $45,000.00. Appellees filed a petition for judicial review of the Commission's decision in the Circuit Court for Howard County.
The circuit court reversed the Commission's decision, ruling that LE § 9-681 limits Ms. Weatherly's benefits to $45,000.00 because she is not a surviving spouse. In her appeal to us, Ms. Weatherly contends that the Commission correctly decided that she was entitled to continued benefits and that the circuit court erred when it reversed the Commission's order to that effect.
For the reasons we discuss below, we agree with the circuit court that the Commission erred as a matter of law when it decided that Ms. Weatherly is entitled to benefits exceeding the $45,000.00 cap. We therefore affirm the circuit court's judgment.
FACTS AND LEGAL PROCEEDINGS
On December 8, 1999, Edward Bernard Scheibel, an employee of Great Coastal, died after sustaining a work-related injury in an automobile accident on Interstate 95 in Howard County. In July 2000, Ms. Weatherly filed a "Dependent's Claim" with the Commission. In an order dated October 30, 2000, the Commission found that Mr. Scheibel died after "sustain an accidental injury arising out of and in the course of employment" with Great Coastal. The Commission also found that Ms. Weatherly, who evidently resided with Mr. Scheibel for 30 years before his death, was "wholly dependent" upon him at the time of his injury and death.
The Commission determined that Mr. Scheibel earned an average weekly wage of $720.40. The Commission therefore ordered appellees to pay $5,000.00 toward Mr. Scheibel's funeral expenses and to pay Ms. Weatherly "compensation for her own use and benefit at the rate of $481.00, payable weekly, beginning December 8, 1999 and amounting to $45,000.00 and subject to further payments as provided in [LE §] 9-681 . . . so
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