657 P.2d 1343 | Utah | 1983
This is a petition for writ of review of an order of the Industrial Commission. Plaintiffs contend that the Commission erred in denying their motion to review the order of an administrative law judge which awarded death benefits to individuals who were not “dependents” of the victim of an industrial accident under U.C.A., 1953, § 35-1-71.
On November 23, 1981, James Wengert was killed in an industrial accident near Vernal, Utah. A claim was filed with the Commission and dispute arose among children, stepchildren, and wives as to who should share in the benefits.
James and Janet Wengert were married on June 5, 1971, and they had two children: Tamara Renee and Brandi Colleen. James and Janet were divorced on November 4,
James and Donna Wengert were married on December 27, 1974, and they also had two children: Tanya Laurene and Tina Jo. James and Donna were divorced on May 28, 1980.
Before divorcing Donna, James married Vickie Wengert on April 9,1980. Into that “marriage,” James brought his children Tanya Laurene and Tina Jo. Vickie also brought in children from a previous marriage: Cody Ray Jackson and Cole R. Jackson. Later, James and Vickie had one child of their own: Tyleea J.
Vickie Wengert filed a claim for workmen’s compensation benefits following James’ fatal accident. After gathering appropriate documents (death certificate, birth certificates, divorce decrees, etc.), the administrative law judge entered findings of fact and conclusions of law. The judge ruled that neither Janet nor Donna were entitled to benefits because of the decrees of divorce and that Vickie was not entitled to benefits because her marriage to the deceased was invalid. (James was already married to Donna at the time.) However, the judge did award Vickie “the sum of $1,744 which represents accrued benefits for eight weeks
At that juncture, counsel for plaintiffs filed a motion for review with the Commission. It was alleged therein that neither Vickie nor her children from her previous marriage were entitled to any benefits.
This case is controlled by Campton v. Industrial Commission.
As indicated supra, the Commission awarded Vickie “accrued benefits” and “burial allowance,” totaling $2,744. Since (as found by the Commission) Vickie’s mar
The Commission’s decision with respect to the stepchildren is hereby affirmed. The award in favor of Vickie Wengert is set aside and the case is remanded for further determination consistent with this decision.
No costs awarded.
. By nunc pro tunc order of a Colorado decree signed December 30, 1974. The decree required James to provide for the support of the minor children.
. Presumably from the time the claim was filed and the decision rendered, based on the deceased’s weekly income.
. The argument was that they did not fall within the definition of “dependents” under U.C.A., 1953, § 35-1-71.
. 106 Utah 571, 151 P.2d 189 (1944), recently cited with approval in Rocky Mountain Helicopter v. Carter, Utah, 652 P.2d 893 (1982),
. Savage v. Industrial Commission, Utah, 565 P.2d 782 (1977).
. See Campton, supra, which cites Schurler v. Industrial Commission, 86 Utah 284, 43 P.2d 696 (1935), and Sanders v. Industrial Commission, 64 Utah 372, 230 P. 1026 (1924).