SANCHEZ v. CARTER Et Al.
343 Ga. App. 187
| Ga. Ct. App. | 2017Background
- Employee Juan Martinez‑Martin died from a compensable work injury on October 22, 2015; employer and insurer accepted compensability and paid medicals.
- Reynaylda Munoz Sanchez lived with Martinez‑Martin continuously from 2002 until his death and was physically dependent on him; he paid all household expenses and she had been disabled from work since 2011.
- Sanchez and Martinez‑Martin were never ceremonially married and had no recognized common‑law marriage (their relationship began after Georgia abolished common‑law marriage in 1997).
- An ALJ found Sanchez wholly dependent and, under OCGA § 34‑9‑13, nominally entitled to dependency benefits but denied benefits based on precedent that bars awards arising from meretricious living arrangements.
- The Appellate Division of the State Board of Workers’ Compensation and the Superior Court affirmed; Sanchez appealed to this Court of Appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether actual dependency suffices under OCGA § 34‑9‑13(d) to recover dependency benefits when partners cohabit but are not married | Sanchez: Actual, total dependency should entitle her to benefits under § 34‑9‑13(d) despite lack of ceremonial or common‑law marriage | Board/Employer: Precedent (Williams, Jewel, Bloodworth) bars dependency awards that arise from meretricious cohabitation; lack of marriage precludes recovery | Held for defendant: Supreme Court precedent controls; cohabiting but unmarried dependents are precluded from dependency benefits despite actual dependency |
| Whether post‑1997 abolition of common‑law marriage affects entitlement | Sanchez: Her relationship would have qualified pre‑1997 and is not "meretricious," so statutory change should not preclude benefits | Board/Employer: Relationship began in 2002; no common‑law marriage can be recognized after 1997; precedent still applies | Held for defendant: Relationship began after abolition of common‑law marriage; cannot be treated as common‑law marriage and Williams remains binding |
Key Cases Cited
- Williams v. Corbett, 260 Ga. 668 (Ga. 1990) (Supreme Court holds dependency benefits are barred for persons living with employee absent ceremonial or common‑law marriage; meretricious relationships preclude recovery)
- Ins. Co. of N. Am. v. Jewel, 118 Ga. App. 599 (Ga. Ct. App. 1968) (dependency benefits denied where claimant lived with decedent but was not married; meretricious‑relationship rule)
- Ga. Cas. &c. Co. v. Bloodworth, 120 Ga. App. 313 (Ga. Ct. App. 1969) (same principle: nonmarital cohabitation does not support dependency award)