Case Information

*1 f-4, fn . . OFFICE OF THE AITORNEY GENERAL OF TEXAS AUSTIN

Eonorable Julian Kon~omery

State Highway Bryineer

,wttin, Texas

Dear Sir I opinion No. O-1754

Rer Will the etatus or w eoapensation to a widow be i mrriee again

Your letter 0

opinion iron this depar

question of whether or no

penaation Insurance for S

ployees, being paid to e

would be changed In any wa

has received our attention

ed”ror in the shall be ror t of the aurvit- ood Qause and prior thereto, time or the injury, ot at the time of ause and for a per- r6 prior thereto abandoned of the n&nor ohildren, her, without regard to r- t e ndenoy, dependent grandparents, dren dependeqt brother8 end deoeased employe. and the mount eunder shall not ie liable for t,Ez debt8 of the deoeased nor the debt8 of the beneiiolary benetiolariee shall be dls- trlbuted among the beneilolarlee as may be entitled to the same ae hereinbefore provided aooordlng to the law13 of desoent and dlstri- butlon OS this State; provided the right ia *2 Hon. Julian Xontgomery, page 2

euoh b*netlolary or benetlolarlee to reoover eOmpOXie6tlOn tOr death be determined by the faOt8 that erirt at the date or the death or the deoeased and that said right be e oom- Plete, absolute end reeted one. setion shall not pass to the eetate of the iiuoh oompon- deceased to be admlnlstered upon but shall be paid dlreotly to Bald benetlofarlee when .the same are capable or t&l under the laws 0t this State, or to the r guardian or Ye next friend, ln oaso of lunaoy, lntanoy or other dlequalifylne cause ot any benetlolary. The oompensatlon rovlded tor In this law shall be paid wee El y the beneflclaries horein speoltfed, subject to the provisions 0t this 1aw.n

We find the toregol~ statute adopted In Section 7 of E. a. 42C, 45th Le Islature, applicable to the State Hkhway Department clnd E ts provisions become a part of the law lnoorporeted under .-trtlole 66748, Vernon*s Revised Cl- vi1 Statutes or Texas.

The .&lo18 provides that compensation, as pro- vided under this law la for the “sole and exclusive benefItu of the l%al wlto who has not at the tine of the Injure without good cause and for a perlod of three years prior thereto abandoned her husband and It will further bo noted that this rI&ht to reoovor oompensetlon for her hube.ndqs death Is to be determined by the faote that exist at date ot the death ot the deceased that said right ahall be a comclete. absolute vested one.

Generally, In those jurlsdIotlone where remarri- age afteots the compensation payments, the beBeflolarlee~ rights are based largely upon the qU0BtlOn Of Cdependenoyn uhloh is BOt, annloeous with the prOYlSiOnt3 of the Texas statutes. Our statutes do not oontaln any expressed prohl- bltion against remarriage nor authorlzatloB for the Indue- trial Acoldent Doard to ohange or modlty any award of Oom- pensatlon upon the ground of r856rrI66e.

in the oaso or tjoore vs. Lumbermen’s Reolprooal ~~ooiatlon, 258 s. 7;. 1051, the Co~?~IeeioB Of -%JQ*dsr Sea, B, ln rendering the opinion, construed the statute quoted, holding that the boneticiaryte rkht to compenea- tiOB for death or en employee, whioh 18 payable i.nd*-

Hon. Zullan !Zontgonery, pa&e 3

pendently of the qUeStiOn of dependency, 1s a vested rlcht whloh the statute vests In the beneficiaries named, and Is a right transnisslble to the heirs of the benetlolary, which right may be edmlBlsterod upon as part of the bene- flolarles~ estate by reason OS the provision authorlzI= redomptlon of llablllty in lu-E sum settlement the ex- preeeed ILanguage used in Section Bc, supra. Xe quote from the opinion ae follows:

Vlnoe her right to the award and to the money awarded Is in no way connected with or dependent on her dependenoy or poverty and would have been here notwIthstandInG; she n&ht have been living In luxury and been possessed of great wealth, what reason can be assigned for payI% It to her as low a6 she lived, ond then deny& that the right to It ever vested In her: The statute created a debt on the death &‘?ote Sanders owing by the association to l.%nie Sanders. 3elw suoh, It becane Q vested rlcht transmIssIble heirs of :.1InnIe Senders.R

It is, therefore, the opinion of this department that the status of com?ensatIon beIn& paid to ci widow of a deceaned employee under the provisions of Article 66749, Vernon’s .%nnotated Zevlsed Civil Statutes, Is not chanced atteoted by her remarrlee.

TrustI= the above answers your request, WO are Yours very truly