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f-4, fn 

OFFICE OF THE AITORNEY GENERAL OF TEXAS 

AUSTIN 

Eonorable Julian Kon~omery 

State Highway Bryineer 

,wttin, Texas 

Dear Sir I opinion No. O-1754 

Rer Will the etatus or w 

eoapensation i 

to a widow be 

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 aurvitood Qause and 

prior thereto, 

time or the injury, 

ot at the time of 

ause and for a perr6 prior thereto abandoned 

of the n&nor ohildren, 

her, without regard to t r- e 

ndenoy, dependent grandparents, 

dren and dependeqt brother8 end 

deoeased employe. and the mount 

eunder shall not ie liable for 

t,Ez debt8 of the deoeased nor the debt8 of the 

beneiiolary or benetiolariee and shall be dlstrlbuted among the beneilolarlee as may be 

entitled to the same ae hereinbefore provided 

aooordlng to the law13 of desoent and dlstributlon OS this State; provided the right ia 
Hon. Julian Xontgomery, page 2 

euoh b*netlolary or benetlolarlee to reoover 

eOmpOXie6tlOn tOr death be determined by the 

faOt8 that erirt at the date or the death or 

the deoeased and that said right be e oomPlete, absolute end reeted one. iiuoh oomponsetion shall not pass to the eetate of the 

deceased to be admlnlstered upon but shall 

be paid dlreotly to Bald benetlofarlee when 

.the same are 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 any benetlolary. 

The oompensatlon rovlded tor In this law 

shall be paid wee El y to the beneflclaries 

horein speoltfed, subject to the provisions 

0t this 1aw.n 

We find the toregol~ statute adopted In Section 

7 of E. a. 42C, 45th Le 

Hkhway Department clnd E 

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 and exclusive benefItu 

of the l%al wlto who has not at the tine of the Injure 

without good cause and for a perlod of three years prior 

thereto abandoned her husband and It will further bo noted 

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 upon the qU0BtlOn Of Cdependenoyn 

uhloh is BOt, annloeous with the prOYlSiOnt3 of the Texas 

statutes. Our statutes do not oontaln any expressed prohlbltion against remarriage nor authorlzatloB for the Induetrial Acoldent Doard to ohange or modlty any award of Oompensatlon upon the ground of r856rrI66e. 

in the oaso or tjoore vs. Lumbermen’s Reolprooal 

~~ooiatlon, 258 s. 7;. 1051, the Co~?~IeeioB Of -%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&e 3 

pendently of the qUeStiOn of dependency, 1s a vested 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 upon as part of the beneflolarles~ estate by reason OS the provision authorlzI= 

redomptlon of llablllty in lu-E sum settlement and the expreeeed ILanguage used in Section Bc, supra. Xe quote from 

the opinion ae follows: 

Vlnoe her right to the award and to the 

money awarded Is in no way connected with or 

dependent on her dependenoy or poverty and 

would have been here notwIthstandInG; she n&ht 

have been living In luxury and been possessed 

of great wealth, what reason can be assigned 

for payI% It to her as low a6 she 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 Q vested rlcht transmIssIble to the 

heirs of :.1InnIe Senders.R 

It is, therefore, the opinion of this department 

that the status of com?ensatIon beIn& paid to ci widow of a 

deceaned employee under the provisions of Article 66749, 

Vernon’s .%nnotated Zevlsed Civil Statutes, Is not chanced 

or atteoted by her remarrlee. 

TrustI= the above answers your request, WO are 

Yours very truly