No. 81-481 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

1982 

HILDA MARIE IVERSON, 

Claimant and Appellant, 

VS. 

ARGONAUT INSURANCE COMPANY, 

Defendant and Respondent. 

Appeal from: Workers' Compensation Court 

Hon. Timothy Reardon, Judge presiding. 

Counsel of Record: 

For Appellant: 

James A. Curnrning, Columbia Falls, Montana 

For Respondent: 

Garlington, Lohn and Robinson, Missoula, Montana 

Submitted on briefs: March 25, 1982 

Decided: June 9, I982 
Mr. Justice Fred J. Weber delivered the Opinion of the 

Court. 

Hilda Iverson became entitled to benefits under Montana 

Workers' Compensation Law when her husband was killed in an 

industrial accident. Upon her remarriage, Argonaut Insurance 

Company (Argonaut) terminated her benefit payments. She 

filed a petition for resumption of payments in the Workers' 

Compensation Court. The court found against Mrs. Iverson. 

From that judgment she appeals. 

We affirm. 

The issue presented is: 

Whether the lump sum payment provided for in 92-704.1(4), 

R.c.M. 1947 (now provided for in 39-71-721(5), MCA), which 

became effective on July 1, 1973, can be applied to a widow 

whose husband was killed in an industrial accident before 

the effective date and she remarries after the effective 

date. 

On March 22, 1973, Hilda Iverson was married to Gordon 

J. Iverson. On that date he was killed in an industrial 

accident. His employer was insured for industrial accidents 

by Argonaut. Subsequent to the date of his death, Argonaut 

commenced making death benefit payments to Mrs. Iverson of 

$40.00 per week. 

On November 7, 1977, Mrs. Iverson married Virgil Dennison. 

Argonaut terminated payments to her on August 15, 1978, and 

has made no payments to her since that date. The total 

benefits paid to Mrs. Iverson by Argonaut after November 7, 

1977, was the sum of $207.45. 

On the date of Gordon Iverson's death, the statute in 

effect was 92-502, R.C.M. 1947, which provided: 
"If any beneficiaries or major or minor dependents of a deceased employee die, or if 

the widow or widower remarry, the right of 

such beneficiary or major or minor dependent 

or such widow or widower to compensation 

under this act shall cease." 

Two weeks before Gordon Iverson was killed, the legislature 

enacted a new statute which became effective July 1, 1973. 

The new statute, 92-704.1, R.C.M. 1947, provided: 

"Death benefits shall be paid to a widow or 

widower for life or until remarriage, and 

in the event of remarriage two (2) years' 

benefits shall be paid in a lump sum to 

the widow or widower." 

This Court has previously held that workers' compensation 

benefits to an injured worker are determined by the statutes 

in effect at the time of the injury. 2 A. Larson, The Law of 

Workmen's Compensation 864.50; N. Grosfield, Montana Workers' 

Compensation Manual at 31 (1979); Simons v. C. G. Bennett 

Lumber Company (1965), 146 Mont. 129, 133, 404 P.2d 505, 

507. Although this Court has not expressly ruled that 

benefits to beneficiaries other than the injured employee 

are determined at the date of injury, the general rule is 

stated at 82 A.L.R. 1244, 1245 (1933): 

"As regards the rights of relatives or dependants of a deceased employee to compensation, 

it is generally held that their rights are 

controlled by the law as it existed at the 

time of the injury to the employee, rather 

than the law as it existed at his death or at 

the time of the award, the theory being that 

the workmen's compensation act does not create 

new rights of action in the relatives or 

dependants of an employee on his death, but 

that his right merely survives for their benefit." 

In Yurkovich v. Indus. Acc. Bd. (1957), 132 Mont. 77, 

86, 314 P.2d 866, 872, a worker was injured on January 19, 

1955. On July 1, 1955, a new statute became effective 

increasing the benefit schedule. The District Court applied 

the new payment schedule. This Court found no evidence that 
the legislature intended a retroactive application of the 

new schedule and required the District Court to apply the 

law in effect at the time of the injury. 

Section 1-2-109, MCA, provides: "No law contained in 

any of the statutes of Montana is retroactive unless expressly 

so declared." There is no indication that the legislature 

intended the lump sum payment upon remarriage to apply 

retroactively. 

We hold that benefits to beneficiaries under workers' 

compensation claims are determined by the statutes in effect 

at the date the worker was injured. Mrs. Iverson's right 

to benefits were correctly determined by the statutes in 

effect when her husband was injured. 

Affirmed.