Decision  Marian Lawton (claimaint) and Francis X. Lawton (deceased) v. Hartford Roofing Co.

Date:	05/02/2012
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 007759-09
Location:	Boston

• Employee: Marian Lawton (claimaint) and Francis X. Lawton (deceased)
• Employer: Hartford Roofing Co.
• Insurer: National Fire Insurance Co. of Hartford

COSTIGAN, J. The insurer appeals from a decision in which the administrative judge reinstated the claimant’s § 31 widow’s benefits because her benefit-terminating remarriage was annulled, and because he found she was “in fact not fully self-supporting.” See §§ 31 and 38.¹ On both counts, we agree with the insurer that benefits should not have been reinstated. The insurer also argues the judge erred in finding that the proceeds of a § 15 third party settlement should not be part of the calculation of whether the claimant was “in fact not fully self-supporting.” We agree that the judge erred in excluding the settlement proceeds from the § 31 calculation. We reverse the decision and vacate the award.
 

¹ General Laws c. 152, § 31, provides, in pertinent part:

If the widow or widower remarries, all payments under the foregoing provisions shall terminate. . . . [A]fter a dependent unremarried widow or widower . . . has received the maximum payments, he or she shall continue to receive further payments but only during such periods as he or she is in fact not fully self-supporting. Either party may request hearings at reasonable intervals before a board member on the question of granting such payments, or on the question of restoration of such payments or on the question of discontinuance of such payments.

General Laws c. 152, § 38, provides:

Except as expressly provided elsewhere in this chapter, no savings or insurance of the injured employee independent of this chapter shall be considered in determining compensation payable thereunder, nor shall benefits derived from any other source than the insurer be considered in such determination.

See also G. L. c. 152, § 1(4) , which provides, in pertinent part:

Any reference to an employee who has been injured shall, when the employee is dead, also include his legal representatives, dependents and other persons to whom compensation may be payable.