f-4,
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OFFICE OF THE AITORNEY GENERAL OF TEXAS
AUSTIN
Eonorable Julian Kon~omery
State Highway Bryineer
,wttin, Texas
Dear Sir I opinion No. O-1754
Rer Will the etatus or w
eoapensation i
to a widow be
mrriee again
Your letter 0
opinion iron this depar
question of whether or no
penaation Insurance for S
ployees, being paid to e
would be changed In any wa
has received our attention
ed”ror in the
shall be ror
t of the aurvit-
ood Qause and
prior thereto,
time or the injury,
ot at the time of
ause and for a per-
r6 prior thereto abandoned
of the n&nor ohildren,
her, without regard to t r-e
ndenoy, dependent grandparents,
dren and dependeqt brother8 end
deoeased employe. and the mount
eunder shall not ie liable for
t,Ez debt8 of the deoeased nor the debt8 of the
beneiiolary or benetiolariee and shall be dls-
trlbuted among the beneilolarlee as may be
entitled to the same ae hereinbefore provided
aooordlng to the law13of desoent and dlstri-
butlon OS this State; provided the right ia
Hon. Julian Xontgomery, page 2
euoh b*netlolary or benetlolarlee to reoover
eOmpOXie6tlOntOr death be determined by the
faOt8 that erirt at the date or the death or
the deoeased and that said right be e oom-
Plete, absolute end reeted one. iiuoh oompon-
setion shall not pass to the eetate of the
deceased to be admlnlstered upon but shall
be paid dlreotly to Bald benetlofarlee when
.the same are capable or t&l under the
laws 0t this State, or to theYer guardian or
next friend, ln oaso of lunaoy, lntanoy or
other dlequalifylne cause ot any benetlolary.
The oompensatlon rovlded tor In this law
shall be paid weeEl y to the beneflclaries
horein speoltfed, subject to the provisions
0t this 1aw.n
We find the toregol~ statute adopted In Section
7 of E. a. 42C, 45th Le Islature, applicable to the State
Hkhway Department clnd Ets provisions become a part of the
law lnoorporeted under .-trtlole 66748, Vernon*s Revised Cl-
vi1 Statutes or Texas.
The .&lo18 provides that compensation, as pro-
vided under this law la for the “sole and exclusive benefItu
of the l%al wlto who has not at the tine of the Injure
without good cause and for a perlod of three years prior
thereto abandoned her husband and It will further bo noted
that this rI&ht to reoovor oompensetlon for her hube.ndqs
death Is to be determined by the faote that exist at the
date ot the death ot the deceased and that said right ahall
be a comclete. absolute and vested one.
Generally, In those jurlsdIotlone where remarri-
age afteots the compensation payments, the beBeflolarlee~
rights are based largely upon the qU0BtlOn Of Cdependenoyn
uhloh is BOt, annloeous with the prOYlSiOnt3 of the Texas
statutes. Our statutes do not oontaln any expressed prohl-
bltion against remarriage nor authorlzatloB for the Indue-
trial Acoldent Doard to ohange or modlty any award of Oom-
pensatlon upon the ground of r856rrI66e.
in the oaso or tjoore vs. Lumbermen’s Reolprooal
~~ooiatlon, 258 s. 7;. 1051, the Co~?~IeeioB Of -%JQ*dsr
Sea, B, ln rendering the opinion, construed the statute
quoted, holding that the boneticiaryte rkht to compenea-
tiOB for death or en employee, whioh 18 payable i.nd*-
Hon. Zullan !Zontgonery, pa&e 3
pendently of the qUeStiOn of dependency, 1s a vested rlcht
whloh the statute vests In the beneficiaries named, and Is
a right transnisslble to the heirs of the benetlolary,
which right may be edmlBlsterod upon as part of the bene-
flolarles~ estate by reason OS the provision authorlzI=
redomptlon of llablllty in lu-E sum settlement and the ex-
preeeed ILanguageused in Section Bc, supra. Xe quote from
the opinion ae follows:
Vlnoe her right to the award and to the
money awarded Is in no way connected with or
dependent on her dependenoy or poverty and
would have been here notwIthstandInG; she n&ht
have been living In luxury and been possessed
of great wealth, what reason can be assigned
for payI% It to her as low a6 she lived,
ond then deny& that the right to It ever
vested In her: The statute created a
debt on the death &‘?ote Sanders owing by
the association to l.%nie Sanders. 3elw suoh,
It becane Q vested rlcht transmIssIble to the
heirs of :.1InnIe Senders.R
It is, therefore, the opinion of this department
that the status of com?ensatIon beIn& paid to ci widow of a
deceaned employee under the provisions of Article 66749,
Vernon’s .%nnotated Zevlsed Civil Statutes, Is not chanced
or atteoted by her remarrlee.
TrustI= the above answers your request, WO are
Yours very truly