Rebecca J. Amell, By Next of Kin Marvin H. Amell v. Liberty Mutual Insurance Co.

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Liberty Mutual Insurance Co. (hereafter "Liberty Mutual") appeals an award of workers' compensation death benefits to the surviving spouse of an employee killed in the course and scope of her employment. The trial court, acting on a motion for summary judgment, made an award of $77,196 to be paid at the rate of $144.75 per week to the surviving spouse, who was the only dependent of the employee. Liberty Mutual contends that the maximum award to the surviving spouse with no other dependents is limited to $57,9 (4 weeks x $144.75). We affirm the judgment of the trial court. Appeal from a summary judgment order in a workers' compensation case is not controlled by the standard of review provided by T.C.A. _ 5-6-225, but by Rule 56, T.R.C.P. Downen v. Allstate Ins. Co., 811 S..W.2d 523 (Tenn.1991). Where, as in this case, the facts are not in dispute, "the question on appeal is one of law, and our scope of review is de novo with no presumption of correctness accompanying" the trial court's conclusions. Union Carbide Corp. v Huddleston, 854 S.W. 2d 87, 91 (Tenn. 1993); Smith v. Norris, 218 Tenn. 329, 43 S.W.2d 37 (1966). On March 27, 1998, Rebecca J. Amell sustained fatal injuries in the course and scope of her employment with Arrow Factory Store in Pigeon Forge, Tennessee. She was survived by Marvin H. Amell, her spouse. Her average weekly wage was $289.49 generating a workers' compensation rate of $192.99. The maximum weekly benefit on March 27, 1998, as defined by T.C.A. _ 5-6-12(7)(a), was $492. Liberty Mutual asserts that T.C.A. _ 5-6-21(e)(1) limits the benefits payable to a surviving spouse with no dependent child to one-half of the employee's average weekly wage for 4 weeks. It cites Spencer v. Towson Moving & Storage, Inc., 922 S.W.2d 58 (Tenn. 1996) as limiting the benefits to 4 weeks, and Schultz v. Majik Market, a Div. of 2