Banks v. Premier Service Co.
184 So. 3d 370
Ala. Civ. App.2014Background
- Decedent Thomas D. Banks was murdered at work on October 8, 2010; employer was Premier Service Co., Inc.
- Surviving spouse Catalina Banks received and continues to receive widow’s benefits under the Alabama Workers’ Compensation Act.
- Adult daughter Donna C. Banks (age 22 at death) lived with her fiancé and infant, was a full-time University of Alabama student, and received some financial support from her father.
- Trial court found Donna was partially dependent but not physically or mentally incapacitated from earning at the time of her father’s death; she later graduated.
- Trial court held Donna ineligible for death benefits under Ala. Code § 25-5-65 (adult children not incapacitated are excluded); Donna appealed.
- Appellate court reviewed de novo (statutory application) and affirmed, overruling Goodloe to the extent it conflicted with Jimmy Stein.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an over-18 child who regularly received support but was not physically or mentally incapacitated at the time of the worker’s death can recover partial death benefits under the Act | Banks: Goodloe allows an adult child who regularly derived part of support to recover as a partial dependent under § 25-5-64 even if over 18 | Premier: § 25-5-65 bars recovery by children over 18 unless physically or mentally incapacitated; Jimmy Stein controls | Court: Affirmed trial court; adult child not incapacitated at death cannot recover; Jimmy Stein controls and Goodloe is overruled to the extent inconsistent |
Key Cases Cited
- Goodloe v. LaRoche Indus., Inc., 686 So.2d 335 (Ala. Civ. App. 1996) (held an 18-year-old partially dependent son could recover post-death support benefits)
- Jimmy Stein Motor Lines, Inc. v. Griffin, 643 So.2d 1388 (Ala. Civ. App. 1994) (construed §§ 25-5-61, 25-5-62, and 25-5-65 to bar adult children not incapacitated from recovering death benefits)
- Black v. Freeman Lumber Co., 509 So.2d 914 (Ala. Civ. App. 1987) (statutory scheme provides the mechanism for child recovery under workers’ compensation)
- Belcher v. Vulcan Materials Co., 359 So.2d 383 (Ala. Civ. App. 1978) (recognized that dependents cease entitlement upon reaching age specified by statute)