No. 81-481
IN THE SUPREME COURT OF THE STATE OF MONTANA
1982
HILDA MARIE IVERSON,
Claimant and Appellant,
VS.
ARGONAUT INSURANCE COMPANY,
Defendant and Respondent.
Appeal from: Workers' Compensation Court
Hon. Timothy Reardon, Judge presiding.
Counsel of Record:
For Appellant:
James A. Curnrning, Columbia Falls, Montana
For Respondent:
Garlington, Lohn and Robinson, Missoula, Montana
Submitted on briefs: March 25, 1982
Decided: June 9, I982
Mr. Justice Fred J. Weber delivered the Opinion of the
Court.
Hilda Iverson became entitled to benefits under Montana
Workers' Compensation Law when her husband was killed in an
industrial accident. Upon her remarriage, Argonaut Insurance
Company (Argonaut) terminated her benefit payments. She
filed a petition for resumption of payments in the Workers'
Compensation Court. The court found against Mrs. Iverson.
From that judgment she appeals.
We affirm.
The issue presented is:
Whether the lump sum payment provided for in 92-704.1(4),
R.c.M. 1947 (now provided for in 39-71-721(5), MCA), which
became effective on July 1, 1973, can be applied to a widow
whose husband was killed in an industrial accident before
the effective date and she remarries after the effective
date.
On March 22, 1973, Hilda Iverson was married to Gordon
J. Iverson. On that date he was killed in an industrial
accident. His employer was insured for industrial accidents
by Argonaut. Subsequent to the date of his death, Argonaut
commenced making death benefit payments to Mrs. Iverson of
$40.00 per week.
On November 7, 1977, Mrs. Iverson married Virgil Dennison.
Argonaut terminated payments to her on August 15, 1978, and
has made no payments to her since that date. The total
benefits paid to Mrs. Iverson by Argonaut after November 7,
1977, was the sum of $207.45.
On the date of Gordon Iverson's death, the statute in
effect was 92-502, R.C.M. 1947, which provided:
"If any beneficiaries or major or minor de-
pendents of a deceased employee die, or if
the widow or widower remarry, the right of
such beneficiary or major or minor dependent
or such widow or widower to compensation
under this act shall cease."
Two weeks before Gordon Iverson was killed, the legislature
enacted a new statute which became effective July 1, 1973.
The new statute, 92-704.1, R.C.M. 1947, provided:
"Death benefits shall be paid to a widow or
widower for life or until remarriage, and
in the event of remarriage two (2) years'
benefits shall be paid in a lump sum to
the widow or widower."
This Court has previously held that workers' compensation
benefits to an injured worker are determined by the statutes
in effect at the time of the injury. 2 A. Larson, The Law of
Workmen's Compensation 864.50; N. Grosfield, Montana Workers'
Compensation Manual at 31 (1979); Simons v. C. G. Bennett
Lumber Company (1965), 146 Mont. 129, 133, 404 P.2d 505,
507. Although this Court has not expressly ruled that
benefits to beneficiaries other than the injured employee
are determined at the date of injury, the general rule is
stated at 82 A.L.R. 1244, 1245 (1933):
"As regards the rights of relatives or depen-
dants of a deceased employee to compensation,
it is generally held that their rights are
controlled by the law as it existed at the
time of the injury to the employee, rather
than the law as it existed at his death or at
the time of the award, the theory being that
the workmen's compensation act does not create
new rights of action in the relatives or
dependants of an employee on his death, but
that his right merely survives for their bene-
fit."
In Yurkovich v. Indus. Acc. Bd. (1957), 132 Mont. 77,
86, 314 P.2d 866, 872, a worker was injured on January 19,
1955. On July 1, 1955, a new statute became effective
increasing the benefit schedule. The District Court applied
the new payment schedule. This Court found no evidence that
the legislature intended a retroactive application of the
new schedule and required the District Court to apply the
law in effect at the time of the injury.
Section 1-2-109, MCA, provides: "No law contained in
any of the statutes of Montana is retroactive unless expressly
so declared." There is no indication that the legislature
intended the lump sum payment upon remarriage to apply
retroactively.
We hold that benefits to beneficiaries under workers'
compensation claims are determined by the statutes in effect
at the date the worker was injured. Mrs. Iverson's right
to benefits were correctly determined by the statutes in
effect when her husband was injured.
Affirmed.