MacArthur v. Nashua Corp.

493 A.2d 1126, 126 N.H. 353, 1985 N.H. LEXIS 332
CourtSupreme Court of New Hampshire
DecidedApril 11, 1985
DocketNo. 84-184
StatusPublished
Cited by3 cases

This text of 493 A.2d 1126 (MacArthur v. Nashua Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MacArthur v. Nashua Corp., 493 A.2d 1126, 126 N.H. 353, 1985 N.H. LEXIS 332 (N.H. 1985).

Opinions

King, C.J.

The sole issue presented for our consideration is whether RSA 281:2, IX includes within its definition of compensable “dependents” of deceased employees a dependent who is neither the natural nor the adopted child of the deceased, but with respect to whom the deceased stood in a relationship in loco parentis. The Trial Court (Flynn, J.), approving the recommendation of the Master (Charles T. Gallagher, Esq.), held that it did not. We reverse and remand.

The facts of this case are not in dispute. The master found that Roger M. MacArthur died in a Delta Airlines crash on July 31, 1973, while on business for Nashua Corporation. Compensation benefits were paid to his wife, Carol M. MacArthur (plaintiff) and the couple’s natural children, but the compensation carrier, Liberty Mutual Insurance Company (defendant), refused to pay benefits to Nathan Wayne Burns, an American Indian child who had been in the custody of the MacArthurs since 1966.

After obtaining custody of Nathan, who is mentally retarded, in Omaha, Nebraska, the MacArthurs cared for and raised him as one of their own children. In 1970, when Mr. MacArthur was transferred to Nashua, New Hampshire, the MacArthurs met with Nathan’s natural mother and decided that Nathan would accompany the family to New Hampshire. The MacArthurs agreed not to institute formal adoption proceedings because of the emotional trauma which had been experienced by Nathan’s mother as a result of the adoption of another of her children by foster parents. Instead, an agreement was executed which purported to make the MacArthurs the legal guardians of Nathan. Since moving to New Hampshire in 1971, Nathan has not seen or heard from his natural mother.

RSA 281:22 (Supp. 1983) provides in part: “Compensation for Death. If death results from the injury, weekly compensation shall be paid to the dependents of the deceased employee as defined in RSA 281:2, IX . . . .” RSA 281:2, IX defines “dependents” as “the employee’s widow, widower, children, parents, persons in the direct line of ascent or descent, or next of kin, who were wholly or partially dependent, in fact, upon the earnings of the employee for support at the time of the injury. Common law wife or husband of the deceased and posthumous children shall fall within the meaning of this paragraph.”

The parties do not dispute the master’s findings that Nathan was dependent on the MacArthurs financially and emotionally until the time of Mr. MacArthur’s death, or that he is dependent on the plaintiff today. The dispute is purely one of statutory interpretation: whether Nathan Wayne Burns was a “dependent” of Roger MacAr[356]*356thur under RSA 281:22 (Supp. 1983), which depends upon whether Nathan is one of the “children” of the deceased within the class of covered dependents. The term “children” is not defined in the statute.

When construing an ambiguous statute we look at both the legislative intent and the objective of the statute. Hurley v. Public Service Co. of N.H., 123 N.H. 750, 754, 465 A.2d 1217, 1220 (1983).

In construing workers’ compensation legislation, we are mindful that “[i]t is the judicial obligation to administer the Workmen’s Compensation Act liberally.” Heinz v. Concord Union School Dist., 117 N.H. 214, 220, 371 A.2d 1161, 1165 (1977) (quoting Binet v. Ocean Gate Bd. of Educ., 90 N.J. Super. 571, 574, 218 A.2d 869, 871 (1966)). “The basic rule is that the regular domestic-relations law of the state controls in compensation proceedings.” 2 A. Larson, The Law of Workmen’s Compensation § 62.21(b) (1983). “Probably the most that can be said about the application of domestic relations law to compensation claims is that, because of the beneficent character of the legislation, established definitions and rules will usually be stretched as far as precedents will allow, to take care of meritorious cases of dependency.” Id. at § 62.21(c).

The defendants argue primarily that a legislative purpose to exclude other than natural or legally adopted children can be seen in RSA 281:22, VI (Supp. 1983), as amended by Laws 1983, 392:10 to provide that if a child receiving compensation under the statute is legally adopted by someone else, compensation shall cease. Upon adoption, new rights accrue which extinguish prior existing rights, RSA 170-B:20, I to IV, and it is the defendants’ argument that the dependent may not stand in a position to receive benefits from two sources.

This argument is inapposite in this case. First, the amendment referred to applies only to cases in which the child becomes legally adopted, terminating his relationship with the natural parent. It addresses a change in status and not whether the child may receive benefits in the first instance, prior to being legally adopted. Secondly, because of Nathan’s lack of actual dependency upon either of his natural parents, Nathan could not recover benefits upon the death of or injury to his natural parents, under RSA 281:2, IX. Quite apart from the argument that he should not be entitled to receive compensation benefits with respect to both his natural and his adoptive parents, in this particular case he could receive benefits from neither his natural parents nor his in loco parentis guardians. In light of the broad remedial nature and purpose of the statute, see [357]*357Gagne v. Greenhouses, 99 N.H. 292, 295, 109 A.2d 840, 842 (1954), this result cannot have been intended by the legislature.

The existence of the parental relationship is a factual question. In re Diana P., 120 N.H. 791, 795, 424 A.2d 178, 180 (1980). “[A] person in loco parentis is one who intentionally accepts the rights and duties of natural parenthood with respect to a child not his own . . . .” Id. at 794-95, 424 A.2d at 180. “Where one stands in loco parentis to another, the rights and liabilities arising out of that relation are, as the words imply, substantially the same as between parent and child, although, of course, they may be enlarged or restricted by legislative enactment.” 59 Am. Jur. 2d Parent and Child § 88 (1971); see Whitaker v. Warren, 60 N.H. 20 (1880) (one standing in loco parentis has all the rights of a natural parent).

New Hampshire’s Workers’ Compensation Law contains no requirement of legal adoption which would expressly limit the child of a person in loco parentis from receiving benefits under the statute. In certain other instances, the legislature has specifically included legal adoption within its definition of “child” or “children.” See, e.g., RSA 546-A:l, IV (Uniform Civil Liability for Support Act); RSA 161-B:2, I (Supp. 1983) (support of dependent children). Contrary to the defendants’ argument that this evidences an intent that in all cases “children” should be construed to include only natural or legally adopted children, we think that the absence of the limiting language shows an intent not to provide the limitation.

Several jurisdictions have espoused the liberality of workers’ compensation laws and have applied the doctrine of in loco parentis

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Bluebook (online)
493 A.2d 1126, 126 N.H. 353, 1985 N.H. LEXIS 332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macarthur-v-nashua-corp-nh-1985.