Deceased worker’s fiancée may qualify for death benefits: Court
The Ohio Supreme Court ruled Wednesday that a deceased worker’s fiancée should have been given the opportunity to prove she was a “family member,” wholly dependent on the worker and therefore entitled to benefits after he was killed in a trench collapse.
Christopher R. McDonald was killed in April 2019 while working for J&J Schlaegel Inc. He was engaged to Amanda Carpenter at the time of his death and the two had been in a relationship for 11 years and had two children together, according to State ex rel. McDonald v. Industrial Commission.
Ms. Carpenter filed a workers compensation claim seeking death benefits and supported her claim with an affidavit stating she and Mr. McDonald had owned real property jointly with a right of survivorship; they had been jointly responsible for the mortgage on the real property; they had been jointly liable for several credit-card accounts and vehicle leases or payments; they each had life insurance policies naming the other as the sole beneficiary; and Mr. McDonald had provided the primary financial support for her and for their children.
The Ohio Bureau of Workers' Compensation denied Ms. Carpenter’s claim and a district hearing officer affirmed that decision, but a staff hearing officer vacated it, saying Ms. Carpenter proved she was wholly dependent as a member of Mr. McDonald's family.
The Industrial Commission vacated that decision, and the Court of Appeals for the 10th District of Ohio remanded the case back to the commission.
The case ultimately founds its way to the state’s highest court, where justices ruled the law provides for death benefits payable to "wholly dependent persons at the time of the death.”
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