Egyptian Lacquers Manufacturing Company, et al. v. Megan Lee Rainey, et al.

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The trial court found the deceased worker had two dependent children entitled to receive workers' compensation death benefits. The issue is whether the presumption of dependency was rebutted for the older child. We affirm the trial court. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Circuit Court Affirmed. HOWELL N. PEOPLES, SP. J., in which ADOLPHO A. BIRCH, JR., J. and JOE C. LOSER, JR., SP.J., joined. Jay R. Slobey, Nashville, Tennessee, for the Appellant Tiffany Shatrell Rainey, Minor, by Next Friend and Natural Mother, Cynthia Diane Humphreys Murphy. Phillip R. Newman, Franklin, Tennessee, for the Appellee Megan Lee Rainey. Gerald C. Wigger, Nashville, Tennessee, for the Appellee Egyptian Lacquer Manufacturing Company and Reliance Insurance Company. 1 MEMORANDUM OPINION 1. Johnny Vincent Rainey (Mr. Rainey) was employed by Egyptian Lacquers Manufacturing Company (Egyptian Lacquers) on June 23, 1999. On that date, Mr. Rainey suffered a work-related accident. Mr. Rainey, due to injuries from the accident, died on July 4, 1999. Mr. Rainey was survived by two minor children, Megan Lee Rainey (Megan) and Tiffany Shatrell Rainey (Tiffany). The eldest, Megan, was born on November 11, 1981 to Mr. Rainey and his then wife, Pamela Kay Deal (Ms. Deal). The youngest, Tiffany, was born out-of-wedlock to Mr. Rainey and Cynthia Diane Humphreys Murphy (Ms. Murphy) on September 8, 1988. In 1985, Mr. Rainey and Ms. Deal were divorced. As part of the divorce decree, Mr. Rainey was ordered to pay $55 per week in child support to Ms. Deal on behalf of Megan. This obligation was not changed or altered at any time prior to Mr. Rainey's death. After the divorce, Mr. Rainey quickly and permanently fell behind in his child support payments. However, Megan spent most weekends with Mr. Rainey's mother, Ms. Bettie Jewell (Ms. Jewell). Ms. Jewell also provided financial support to Megan in the form of purchasing school supplies, clothing, and other items. Apparently, an informal agreement was reached between Ms. Deal, Mr. Rainey, and Ms. Jewel that Ms. Jewell's support and care stood in place of Mr. Rainey's child support payments. Mr. Rainey frequently saw Megan on the weekends she was with Ms. Jewell. At these visits, Mr. Rainey gave Megan money, usually $2.-$3., though sometimes more for special occasions, such as an impending vacation. Ms. Deal was aware of Tiffany and was under the belief that Tiffany and her mother, Ms. Murphy, would be unable to survive without the financial support of Mr. Rainey. This was a factor in Ms. Deal's decision to not actively pursue the back due child support from Mr. Rainey. Mr. Rainey provided health insurance for both Megan and Tiffany through the group insurance plan offered by his employer, Egyptian Lacquers. Also, Mr. Rainey had one or more life insurance policies listing Megan and Tiffany as beneficiaries. Egyptian Lacquers filed this action to determine who should receive the death benefit under the Tennessee Workers' Compensation Act. Egyptian Lacquers and its insurer have since paid the monies currently due into the Williamson County Clerk's Office and expressed a willingness to pay whatever benefits are awarded as a result of this litigation. This litigation centers on a dispute between Megan, who turned 18 and became a high school senior during the action below, and Ms. Murphy, as next friend and natural mother of Tiffany. The trial court found that both Megan and Tiffany were both "actual dependents" pursuant to Tenn. Code Ann. _5-6-21. Accordingly, the trial court ordered that Megan and Tiffany were each to receive one-half of the death benefits owed under Tenn. Code Ann. _5-6-21, so long as each qualifies for said benefits under that statute. 2