Ex Parte State Dept. of Indus. Relations

848 So. 2d 251, 2002 WL 844753
CourtSupreme Court of Alabama
DecidedMay 3, 2002
Docket1000260
StatusPublished
Cited by4 cases

This text of 848 So. 2d 251 (Ex Parte State Dept. of Indus. Relations) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ex Parte State Dept. of Indus. Relations, 848 So. 2d 251, 2002 WL 844753 (Ala. 2002).

Opinion

848 So.2d 251 (2002)

Ex parte STATE of Alabama DEPARTMENT OF INDUSTRIAL RELATIONS, SECOND INJURY TRUST FUND.
(In re Roy A. Gibbs, Jr., et al. v. State of Alabama Department of Industrial Relations, Second Injury Trust Fund.)

1000260.

Supreme Court of Alabama.

May 3, 2002.
Rehearing Denied August 23, 2002.

*252 Frank D. Marsh, general counsel, and Craig A. Donley, asst. general counsel, Department of Industrial Relations, for petitioner.

Ralph E. Coleman of Coleman & Friday, L.L.C., Birmingham, for respondent Roy Gibbs, Jr.

David G. Wirtes, Jr., of Cunningham, Bounds, Yance, Crowder & Brown, L.L.C., Mobile; and Jay A. York and J. Stephen Legg of York & Legg, Mobile, for amicus curiae Alabama Trial Lawyers Association, in support of the respondent's second application for rehearing.

On Application For Rehearing

STUART, Justice.

The opinion of September 14, 2001, is withdrawn and the following is substituted therefor.

The issue presented by the parties is whether the dependents of a recipient of benefits from the Second Injury Trust Fund (hereinafter "SITF") are entitled to continue to receive SITF benefits after the death of the recipient. We decide this case on another basis; therefore, we do not reach this issue.

The parties entered a stipulation of facts before the trial court. Those facts are:

"1. [Roy A. Gibbs] was injured on the job with ... Jim Walter Resources, Inc., on March 28, 1992 and was last able to work on April 12, 1992 and [he] was a qualified employee as of this date as provided in Code of Alabama 1975, as amended, [§ ] 25-5-316.
"2. That [Gibbs] had previously received injuries on the job of which *253 [Jim Walter Resources, Inc.] had notice prior to his employment by [Jim Walter Resources, Inc.] which affected his employability with [Jim Walter Resources, Inc.].
"3. [Gibbs] was qualified and entitled to be paid benefits under the Second Injury Trust Fund.
"4. [Gibbs] was paid $165.00 per week from April 1, 1994, until July 29, 1994. Thereafter, [Gibbs] was paid from the `Trust' [§ ] 25-5-316, $165.00 per week until December 28, 1997, at which time the payments increased to $385.00 per week for and during the term of [Gibbs's] disability.
"5. [Gibbs] was paid these amounts until July 14, 1998, when [he] died [from a cause] not related to the injuries.
"6. At that time, [Gibbs] left surviving him a dependent wife, Cindy Gibbs, and a dependent child, Roy [A.] Gibbs, Jr., a minor, 15 years of age and decedent had residing with him one dependent grandchild, namely, John Kenneth Phillips Gibbs.[[1]]
"7. Upon the death of [Gibbs], the `Trust' discontinued payment of benefits and now refuses to make benefit payments to said dependents.
"8. The Parties stipulate the issue is whether the `Trust' is liable to pay dependent(s) upon the death of [Gibbs]."

(C. 8-9.)

Gibbs's dependents filed a declaratory-judgment action seeking to establish their rights to continued benefits. The trial court ruled that the dependents were not entitled to receive SITF benefits after the death of the qualified recipient, Roy A. Gibbs. The Court of Civil Appeals, relying on § 25-5-57(a)(5), Ala.Code 1975, reversed the judgment and remanded the case to the trial court. That court held, essentially, that the dependents step into the shoes of the deceased worker and continue to receive the benefits the deceased worker had been receiving. We granted certiorari review. We now reverse and remand.

Gibbs was injured on March 28, 1992. Section 25-5-57(a)(5), Ala.Code 1975, provides:

"(5) Death Following Disability. If an employee sustains an injury occasioned by an accident arising out of and in the course of his or her employment and, during the period of disability caused thereby, death results proximately therefrom, all payments previously made as compensation for the injury shall be deducted from the compensation, if any, due on account of death. If an employee who [sic] sustains a permanent partial or permanent total disability, the degree of which has been agreed upon by the parties or has been ascertained by the court, and death results not proximately therefrom, the employee's surviving spouse or dependent children or both shall be entitled to the balance of the payments which would have been due and payable to the worker, whether or not the decedent employee was receiving compensation for permanent total disability, not exceeding, *254 however, the amount that would have been due the surviving spouse or dependent children or both if death had resulted proximately from an injury on account of which compensation is being paid to an employee."

(Emphasis added.)

The dependents' claim to Gibbs's workers' compensation benefits is purely statutory and is governed exclusively by the Alabama Workers' Compensation Act. The provision of that Act governing benefits to be paid after the employee's death contains several restrictions on the payment of those benefits.

The restrictions the Legislature placed on the rights of the surviving spouse and children to benefits, where the claimant's death is not caused by an accident arising out of or in the course of his employment, are: (1) the employee must have sustained a permanent partial or permanent total disability; (2) the degree of the disability must have been agreed upon by the parties or must have been ascertained by the court; (3) the employee's surviving spouse or dependent children are the only proper recipients; (4) the surviving spouse or dependent children are entitled to the balance of payments that would have been payable to the employee; and (5) the amount of the benefits may not exceed the amount that would have been due if the employee's death had resulted proximately from an injury on account of which compensation is being paid to an employee. § 25-5-57(a)(5), Ala.Code 1975. The fifth restriction is determinative in this case.

When the death of the employee results from nonwork-related causes, the dependents may not receive more benefits than they would have received if the employee had died as a result of the employment-related injury. The recovery of benefits by dependents following the death of an employee caused by a work-related injury is governed by § 25-5-60, Ala.Code 1975; that section provides, in pertinent part:

"In death cases, where the death results proximately from the accident within three years, compensation payable to dependents shall be computed on the following basis and shall be paid to the persons entitled thereto without administration, or to a guardian or other person as the court may direct, for the use and benefit of the person entitled thereto...."

The parties presented no arguments related to the fifth restriction placed on the recovery of benefits by dependents following the death of the employee from nonwork-related causes. However, "this Court `will affirm the judgment appealed from if supported on any valid legal ground.'" Smith v. Equifax Servs., Inc., 537 So.2d 463, 465 (Ala.1988), quoting Tucker v. Nichols, 431 So.2d 1263, 1265 (Ala.1983).

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Related

General Electric Co. v. Baggett
34 So. 3d 708 (Court of Civil Appeals of Alabama, 2009)
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867 So. 2d 347 (Court of Civil Appeals of Alabama, 2003)
Gibbs v. State Department of Industrial Relations, Second Injury Trust Fund
848 So. 2d 257 (Court of Civil Appeals of Alabama, 2002)

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848 So. 2d 251, 2002 WL 844753, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-state-dept-of-indus-relations-ala-2002.