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Appeals Court orders new hearing in widow's benefits case Thursday, Jun 5, 2008 By Rob Moritz Arkansas News Bureau LITTLE ROCK - The Arkansas Court of Appeals on Wednesday ordered a new hearing in a death benefits case, saying a Hampton woman seeking widows' benefits needed to prove she was dependent on the man who died. The court said the Arkansas Workers' Compensation Commission's denial of benefits to La'Ronda Slaughter was "fatally simplistic" because the panel's decision only considered whether she was married to Jerry Slaughter when he was accidentally sprayed with chlorine gas. She married him 10 days before he died. In November 2004, Jerry Slaughter, who worked for Hampton's water department, was replacing large cylinders of chlorine gas in a building below the city's water tower. He was not wearing a gas mask - there was only one mask available and a co-worker was wearing it - when a crack in a valve of one of the cylinders sprayed gas into his face when he opened the valve. He did not see a doctor until Dec. 9 and was diagnosed with an upper respiratory infection, bronchitis, lung disease and shortness of breath. He was hospitalized Dec. 22 and died Jan. 15, 2005. Ten days before his death, Jerry Slaughter married his girlfriend, with whom he shared a home. After his death, La'Ronda Slaughter was appointed administratrix of her husband's estate and she pursued death benefits. The Worker's Compensation Commission denied her request for widow's benefits because she was not married to Jerry Slaughter when the chemical exposure occurred. La'Ronda Slaughter appealed, arguing the relevant time for determining entitlement to widow's benefits was the date of Jerry Slaughter's death, not the date of his injury. In its ruling Wednesday, the Court of Appeals said "clearly, the relevant date for determining questions of dependency is the date of the injury." However, the court said, the definition of widow does not require a person to prove that she was married to the decedent on the date of the injury. "Hence, a person claiming to be a widow must show that she was legally married to and either living with or dependent upon the decedent when he died," Judge Wendell Griffen wrote for the court. "A person claiming entitlement to widow's benefits must show that she is a widow and was dependent on the claimant when he was injured." The court said the Workers' Compensation Commission failed to reconcile the definition of widow with the requirements for receiving widow's benefits. The court sent the case back to the Workers' Compensation Commission for another hearing. |
