Serrano v. Workers' Compensation Appeal Board

94 A.3d 425, 2014 WL 2615423, 2014 Pa. Commw. LEXIS 318
CourtCommonwealth Court of Pennsylvania
DecidedJune 12, 2014
StatusPublished
Cited by6 cases

This text of 94 A.3d 425 (Serrano v. Workers' Compensation Appeal Board) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Serrano v. Workers' Compensation Appeal Board, 94 A.3d 425, 2014 WL 2615423, 2014 Pa. Commw. LEXIS 318 (Pa. Ct. App. 2014).

Opinion

OPINION BY

Judge SIMPSON.

In this appeal, Amanda Serrano (Claimant) petitions for review of an order of the Workers’ Compensation Appeal Board (Board) affirming a Workers’ Compensation Judge’s (WCJ) denial of her fatal claim petition seeking death benefits as a widow under Section 307(3) of the Workers’ Compensation Act (Act).1 The WCJ determined Claimant failed to establish a valid common-law marriage to Bret Coo-ney (Decedent). Claimant asserted she celebrated a common-law marriage in 2003 in Wyoming, a state that does not recognize common-law marriage. In addition, [427]*427Claimant and Decedent did not cohabit in Pennsylvania until June 2009, more than four years after Pennsylvania legislatively abolished common-law marriage. Nevertheless, relying primarily on our decision in Costello v. Workers’ Compensation Appeal Board (Kinsley Construction, Inc.), 916 A.2d 1242 (Pa.Cmwlth.2007), Claimant contends the Board and the WCJ erred in finding her 2008 common-law marriage invalid despite the language in Section 1108 of the Marriage Law, 23 Pa.C.S. § 1103, which protected “otherwise lawful” common-law marriages contracted on or before January 1, 2005. For the reasons that follow, we affirm.

I. Background

A.Decedent’s Death; NCP

In January 2011, Decedent sustained a traumatic brain injury, as a result of a drilling rig accident, while working for Patterson UTI, Inc. (Employer). Decedent died six days after the injury. Employer accepted liability for the injury through a notice of temporary compensation payable, which converted to a notice of compensation payable.

B.Agreement for Children’s Dependency Benefits

Claimant and Decedent had two children together. Following Decedent’s death, Employer and Claimant entered into an agreement for workers’ compensation dependency benefits for Decedent’s two minor children. Pursuant to Section 307(l)(b) of the Act, 77 P.S. § 561(l)(b), Employer agreed to pay Claimant, as the natural guardian of Decedent’s children, $422.94 in weekly benefits, representing 42% of Claimant’s average weekly wage.

C.Claimant’s Fatal Claim Petition

In the agreement, Claimant reserved the right to pursue a fatal claim as a widow. In February 2011, Claimant filed a petition seeking an increase in benefits under Section 307(3) of Act, 77 P.S. § 561(3) (relating to death benefits for a widow who is also guardian of the deceased’s children). See Reproduced Record (R.R.) at 2a-4a. The WCJ treated Claimant’s petition as a fatal claim petition.

D.WCJ’s Decision

The WCJ summarized Claimant’s testimony as follows. Claimant, a native of Rock Springs, Wyoming, met Decedent in her hometown in late 2002 or early 2003. WCJ Op., 3/27/12, Finding of Fact (F.F.) No. 3(a). Decedent moved to Wyoming to work in the oil and gas industry. Id. Within a few months, Claimant and Decedent began living together. Id. Sometime thereafter they combined their income to pay their bills. Id. They opened a joint checking account and bought vehicles together. Decedent paid for the vehicles, but placed the titles to the vehicles in Claimant’s name. Id.

Claimant and Decedent had two children together: a son, Damien Cooney, born in May 2004 and a daughter, Lillian Cooney, born in 2008. Id. Both children were born while Claimant and Decedent resided in Wyoming. Id.

Claimant never formally married Decedent in a church or by a justice of the peace. F.F. No. 3(b). However, approximately one year prior to their son’s birth in May 2004, Decedent purchased Claimant a ring and gave it to her saying “You’re my wife.” F.F. No. 3(b), Notes of Testimony (N.T.), 4/11/11, at 17. Claimant responded “yes, I’m your wife.” F.F. No. 3(b), N.T., 7/18/11, at 8. Claimant continued to wear the ring following Decedent’s death. F.F. No. 3(b).

Claimant and Decedent introduced themselves as husband and wife. F.F. No. [428]*4283(c). Claimant stayed home after the birth of their son Damien. Id. Consequently, they lived on Decedent’s income alone. Id.

In June 2009, as a result of a slowdown in oilfield work in Wyoming, Decedent, Claimant and their two children moved to Pennsylvania. F.F. No. 3(d). They initially lived with Decedent’s mother in Wilcox, Pennsylvania. Id. Eventually, Decedent found work with Employer in Plum, Pennsylvania. Id. Employer provided health insurance for all four family members and paid their health insurance premiums. Id.

Upon moving to Pennsylvania, Claimant and Decedent continued to introduce themselves as husband and wife. F.F. No. 3(e). Claimant and Decedent lived together in Plum until Decedent’s death in January 2011. Id. Decedent’s supervisor notified Claimant of Decedent’s work accident. Id. He requested to speak with “Mrs. Coo-ney.” Id.

Claimant introduced several documents into evidence in support of her assertion that she was Decedent’s common-law wife. They included: two automobile titles registered in Claimant’s name (F.F. No. 4(a)); a bank application indicating Claimant and Decedent signed for a joint account (F.F. No. 4(b)); and, a copy of health insurance cards Employer provided for Claimant and the children as Decedent’s dependents (F.F. No. 4(c)).

Employer also submitted several documents into evidence. They included a 2009 W-4 withholding form indicating Decedent claimed single status. F.F. No. 5(a). Employer also submitted Decedent’s 2009 1040A tax return, which indicated Decedent filed as head of household. Id. In addition, Employer submitted a residential lease agreement signed only by Decedent. F.F. No. 5(b). However, the WCJ noted, on the date Decedent signed the lease, Claimant and the two children still resided with Decedent’s mother in Wilcox, Pennsylvania. Id.

In reviewing Claimant’s petition, the WCJ observed that in order to obtain death benefits under Section 307(3) of the Act, Claimant must establish she married Decedent and is now a widow. The WCJ further recognized that in PNC Bank Corp. v. Workers’ Compensation Appeal Board (Stamos), 831 A.2d 1269 (Pa. Cmwlth.2003) (en bane), this Court abolished the doctrine of common-law marriage prospectively from the September 17, 2003 date of the decision.

The WCJ further noted the General Assembly, by the Act of November 24, 2004, P.L. 954 (Act 144), amended Section 1103 of the Marriage Law pertaining to common-law marriage. Section 1103 currently provides (with emphasis added):

No common-law marriage contracted after January 1, 2005, shall be valid. Nothing in this part shall be deemed or taken to render any common-law marriage otherwise lawful and contracted on or before January 1, 2005 invalid.

23 Pa.C.S. § 1103.

Consequently, the WCJ reasoned, “the issue in this case is whether a common-law marriage existed prior to January 1, 2005.” WCJ Op. at 3.

A common-law marriage in Pennsylvania, prior to its abolition by Act 144, could be created by an exchange of words in the present tense spoken with the intent to establish the existence of the marital relationship.

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Bluebook (online)
94 A.3d 425, 2014 WL 2615423, 2014 Pa. Commw. LEXIS 318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/serrano-v-workers-compensation-appeal-board-pacommwct-2014.