Schultz v. Majik Market

OPINION

BROCK, Justice.

This appeal presents the single issue:

“Whether the maximum amount of worker’s compensation benefits properly payable to the plaintiff, as a widower with no dependent children, for the death of his wife, the employee, is determined by Subsection (e)(1) or by Subsection (eX12) of T.C.A., § 50-1013?”

The trial judge held that an ambiguity existed in the statute and awarded compensation under Subsection (e)(12), being 66⅜% of the decedent’s average weekly wage.

Subsection (e)(1) of T.C.A., § 50 — 1013, provides as follows:

“In death cases, compensation payable to dependents…