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Maine high court upholds death benefits for worker’s ex-wife
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Business Insurance
Maine high court upholds death benefits for worker’s ex-wifeThe Maine Supreme Judicial Court ruled Thursday that a former spouse may receive workers compensation death benefits if she was financially dependent on the employee when the work injury occurred, even if the couple later divorced before the employee’s death.
Warren/Sappi N.A., the court affirmed a Workers’ Compensation Appellate Division decision awarding death benefits to Carol Brewster, concluding that Maine law determines dependency at the time of injury, not at the time of death.
Mr. Nadeau died in 2020 from complications related to his work injuries, after which Ms. Brewster sought death benefits.
The high court rejected that argument, finding the plain language of the applicable workers compensation statute ties dependency to the date of injury.
The ruling also is consistent with prior Maine precedent interpreting the state’s workers compensation law, the court said.