Sanchez v. Carter et al.

Claimant was not entitled to workers' compensation dependency benefits after her live-in boyfriend, whom she was dependent on due to her own inability to work, was fatally injured at work because the two were not married, either ceremonially or by common law.

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Ellington, Presiding Judge.Reynalda Munoz Sanchez appeals from the order of the Superior Court of Colquitt County affirming the award of the Appellate Division of the State Board of Workers’ Compensation denying her workers’ compensation dependency benefits. We affirm because, although Sanchez was living with and dependent on Juan Martinez-Martin (“the employee”) at the time of his death from a work-related injury, she was not married to him, either ceremonially or by common law, and she was therefore not entitled to recover benefits arising out of that living arrangement.

In reviewing a workers’ compensation benefits award, both this Court and the superior court must construe the evidence in a light most favorable to the party which prevailed before the Board. Reid v. Ga. Bldg. Auth., 283 Ga. App. 413 (641 SE2d 642) (2007). “It is axiomatic that the findings of the State Board [], when supported by any evidence, are conclusive and binding, and that neither the superior court nor this court has any authority to substitute itself as a fact finding body in lieu of the Board.” (Punctuation and footnote omitted.) Id. However, “[w]e review de novo erroneous applications of law to undisputed facts, as well as decisions based on erroneous theories of law.” (Punctuation and footnote omitted.) Evergreen Packaging, Inc. v. Prather, 318 Ga. App. 440, 443 (734 SE2d 209) (2012).The record shows that, following a hearing to determine Sanchez’s entitlement to workers’ compensation dependency benefits, the administrative law judge (“ALJ”) found the following. On October 22, 2015, the employee suffered a fatal head injury when he accidentally fell from a roof during the course of his employment with appellee Allen Carter. Carter and its insurer agreed that the injury was compensable and paid the employee’s medical expenses.

Sanchez v. Carter et al.

Claimant was not entitled to workers' compensation dependency benefits after her live-in boyfriend, whom she was dependent on due to her own inability to work, was fatally injured at work because the two were not married, either ceremonially or by common law.

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