Armethia D. Lively ex rel. Robert E. Lively v. Union Carbide Corporation

Upon the death of her husband from asbestos-related pulmonary disease, the plaintiff filed suit for workers' compensation benefits. Because her husband had previously settled a disability claim for 400 weeks of benefits, the employer denied the claim. The trial court awarded the funeral expenses of the husband but declined to grant benefits to the plaintiff as his dependent over and above the amount of the settlement. Her appeal has been referred to the Special Workers' Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rufe 51. Although the plaintiff may make a separate claim for benefits, she is not entitled to any recovery beyond funeral expenses because the amount of her entitlement, as controlled by the date of her husband's injury, would not be in excess of the amount of his settlement. The judgment is, therefore, affirmed.