Portner & Shure March 2015 Case ResultAuthor: Portner & Shure
Portner & Shure attorney Kevin Ruby, with assistance from one of our senior claims paralegals, Pam Brown, recently won an award of more than $395,000 for our client’s spouse in a Maryland workers’ compensation dependency claim case. The decedent’s wife was not working at the time of the accident and was solely dependent on her husband’s income. Almost two years ago, on a rainy day, the decedent stepped out of his car at his place of employment and put his hood on to avoid getting wet. Sadly, he was run over and killed by a co-worker in the parking lot.
The damages awarded in this case were very complicated because there was the award determined by the Workers’ Compensation Commission (WCC) and a wrongful death claim arising from the co-worker running the decedent over with his car. The WCC required a hearing to determine whether decedent’s wife was dependent on his income by hearing testimony from her and examining the couple’s financial records. Ultimately, the WCC determined she was a dependent and awarded a weekly payment of $721 over a 144-month period to decedent’s spouse based on the decedent’s income before death. However, she is only entitled to these payments up until what would have been the decedent’s 70th birthday, which is eleven years from now, or 127 months.