Henley v. Tan Co.6/21/2004
Opinion Vote: AFFIRMED. Barney, P.J., and Prewitt, J., concur
Opinion: AFFIRMED
In this workers' compensation case, Silver Fountain Inn (" Employer") appeals the decision of the Labor and Industrial Relations Commission (the "Commission") to award death benefits under Section 287.240 to Geneva Henley's ("Employee") granddaughters, Ellie Yeary, Dana Yeary, and Jannah Yeary (collectively "Claimants"). At issue is whether or not Employee's grandchildren were actually dependent upon their grandmother's wages at the time of her work-related death. The judgment of the Commission is affirmed.
In the summer of 1998, Employee, a sixty-four-year-old widow, sold her home in Kansas City, Missouri and moved to Branson, Missouri to live with her recently-divorced daughter, Linda Tate ("Tate"), and Claimants. Employee and Tate purchased a five-bedroom home together in January 1999. In purchasing the home, Employee made the down payment of $45,000 and the property was conveyed to both she and Tate. At the time that Employee and Tate moved into the home, they mutually agreed to a division of the living expenses and other household obligations. Under their agreement, Tate was responsible for the monthly house payment, the electric bill, and one of the phone lines; Employee was responsible for the trash service, lawn service, water bill, one phone line, groceries, and all home maintenance and repairs. Additionally, Employee paid for incidentals related to Claimants, such as orthodontics, school supplies, make-up, and clothing.
In early 1999, when Employee and Tate moved into their new home, Employee' s income consisted of $944 per month in Social Security benefits. Subsequently, in April of 1999, Employee obtained a part-time job with Christian Action Ministry, where she worked three full days per week earning $7 per hour. In April of 2000, Employee accepted additional employment as a front desk clerk at Employer's motel. While working for Employer, Employee earned $7 per hour and worked a five-hour shift, two or three nights a week. During her shift on April 26, 2000, Employee was shot and killed as the result of an armed robbery.
Following Employee's death, Tate filed a claim on behalf of herself and Claimants under Section 287.240 with the Division of Workers' Compensation, seeking benefits as dependents of Employee. Specifically, the claim alleged that Tate and Claimants were each 40%-50% dependent on Employee's wages. Following a hearing held September 17, 2002, the Administrative Law Judge ("ALJ") concluded that, at the time of her death, Claimants were "partial dependents and depended upon the entire wages earned by [Employee]." Based on this finding, the ALJ awarded Claimants $140 per week. Tate's claim for benefits was denied. Adopting and incorporating the conclusions and rulings of the ALJ, the Commission affirmed the award and decision. Employer and Insurer appeal the final award allowing compensation.
On appeal, Employer alleges three points of Commission error. In its first point on appeal, Employer argues that under Section 287.240.4, Claimants were not actually dependent on Employee, but instead were totally financially dependent on Tate, therefore they should not receive benefits under the statute. Second, Employer maintains that any support given to Claimants by Employee came from other independent financial resources and not from Employee's wages. Third, Employer asserts that the Commission improperly considered "emotional support" in determining Claimants dependency. As Employer's points are related, we shall consider them together.
On appellate review, a court must examine the whole record to determine if the Commission's
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