. . f-4, fn

**OFFICE** OFTHE**AITORNEY GENERAL**  **OF TEXAS** 

**AUSTIN**

Eonorable Julian Kon~omery State HighwayBryineer ,wttin, Texas

DearSir I opinion No. O-1754 Rer Will the etatus or w eoapensation i to a widowbe mrriee again

Your letter 0 opinion iron this depar question of whether or no penaation Insurance for S ployees, being paid to e would be changed In any wa has received our attention

ed”ror in the shall be ror t of the aurvit**ood** Qause and prior thereto, time **or** the injury, ot

## atthe time of

ause and 

### for a perr6 prior thereto abandoned of the n&norohildren, her, without regard to r- t e ndenoy, dependent grandparents, dren **and** dependeqt brother8 **end** deoeased employe. and the mount eunder shall not ie liable for t,Ezdebt8 of the deoeased nor the debt8 of the beneiiolary 

### or benetiolariee **and** shall be **dls** trlbuted amongthe beneilolarlee as maybe entitled to the sameae hereinbefore provided aooordlng to the law13 of desoent and dlstributlon OSthis State; provided the right iaHon. Julian Xontgomery, page 2

euoh b*netlolary or benetlolarlee to reoover eOmpOXie6tlOn

tOr death be determined bythe faOt8that erirt at the date or the death or the deoeased and that said right be e oomPlete, absolute endreeted one. iiuoh oomponsetion shall not pass to the eetate of the deceased 

## tobe admlnlstered upon but shall be paid dlreotly to Bald benetlofarlee when .thesameare capable or t&l Ye under the laws 0t this State, or to the r guardian or next friend, ln oaso of lunaoy, lntanoy or other dlequalifylne cause ot anybenetlolary. The oompensatlon rovlded tor In this law shall be paid wee

Ely to the beneflclaries horein speoltfed, subject to the provisions
0t this 1aw.n

Wefind the toregol~ statute adopted In Section 7of E. a. 42C, 45th Le Hkhway Department clndE Islature, applicable to the State ts provisions become a part of the law lnoorporeted under .-trtlole 66748, Vernon*s Revised Clvi1 Statutes or Texas.

The .&lo18 provides that compensation, as provided under this law la for the “sole andexclusive benefItu of the l%al wlto whohas not at the tine of the Injure without good cause and for a perlod of three years prior thereto abandonedher husband andIt will further bonoted that this rI&ht to reoovor oompensetlon for her hube.ndqs death Is to be determined by the faote that exist at the date ot the death ot the deceased **and** that said right ahall be a comclete. absolute **and** vested one.

Generally, In those jurlsdIotlone where remarriage afteots the compensation payments, the beBeflolarlee~ rights are based largely uponthe qU0BtlOnOfCdependenoyn uhloh is BOt,annloeous with the prOYlSiOnt3of the Texas statutes. Ourstatutes donot oontaln any expressed prohlbltion against remarriage nor authorlzatloB for the Induetrial Acoldent Doardto ohange or modlty any awardof Oompensatlon upon the ground of r856rrI66e.

in the oaso or tjoore vs. Lumbermen’sReolprooal ~~ooiatlon, 258 s. 7;. 1051, the Co~?~IeeioBOf -%JQ*dsr Sea, B, ln rendering the opinion, construed the statute quoted, holding that the boneticiaryte rkht to compeneatiOB for death or en employee, whioh 18 payable i.nd*-Hon. Zullan !Zontgonery, pa&e3

pendently of the qUeStiOnof dependency, 1s avested rlcht whloh the statute vests In the beneficiaries named, and Is
a right transnisslble to the heirs of the benetlolary, which right may be edmlBlsterod uponas part of the beneflolarles~ estate by reason OSthe provision authorlzI= redomptlon of llablllty 

### in lu-E sumsettlement **and** the **ex** preeeed ILanguage

used in Section Bc, supra. Xe quote from the opinion ae follows:

Vlnoe her right to the awardand to the moneyawarded Is in nowayconnected with or dependent on her dependenoy or poverty **and** would have been here notwIthstandInG; she n&ht have been living In luxury andbeen possessed of great wealth, what reason can be assigned for payI% It to her as low a6she lived, ond then deny& that the right to It ever vested In her: The statute created a debt on the death &‘?ote Sanders owing by the association to l.%nie Sanders. 3elw suoh, It becane Qvested rlcht transmIssIble to the heirs of :.1InnIeSenders.R

It is, therefore, the opinion of this department that the status of com?ensatIon beIn&paid to ciwidow of a deceaned employee under the provisions of Article 66749, Vernon’s .%nnotatedZevlsed Civil Statutes, Is not chanced

or atteoted by her remarrlee.

TrustI= the above answers your request, WOare
Yours very truly