The Ohio Supreme Court ruled Wednesday that the fiancee of a deceased worker should have been given the opportunity to prove she was a “family member,” wholly dependent on the worker and therefore entitled to benefits after he was killed in a trench collapse.
Christopher R. McDonald was killed in April 2019 while working for J&J Schlaegel Inc. He was engaged to Amanda Carpenter at the time of his death and the two had been in a relationship for 11 years and had two children together, according to State ex rel. McDonald v. Industrial Commission.
Ms. Carpenter filed a workers’ compensation claim seeking death benefits and supported her claim with an affidavit that she and Mr. McDonald had owned real property together with a right of survivorship; they had been jointly liable for the mortgage on the immovable property; they had been jointly responsible for multiple credit card accounts and vehicle leases or payments; each had life insurance policies naming the other as sole beneficiary; and mr. McDonald had provided the primary financial support for her and their children.
The Ohio Bureau of Workers̵
7; Compensation denied Carpenter’s claim and a district hearing officer affirmed that decision, but a personnel hearing officer vacated it, saying Carpenter proved she was fully dependent as a member of Mr. McDonald’s family.The industrial commission vacated that decision, and the Ohio 10th District Court of Appeals remanded the case to the commission.
The case ultimately went to the state Supreme Court, where justices ruled that the law provides for death benefits to be paid to “wholly dependent persons at the time of death.”
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