Battles v. Massman Construction Co.

SIMEONE, Judge.

This case basically raises the identical issue posed in Yardley v. Gaylord Montgomery and United States Fidelity and Guaranty Company, No. 60961 and Asher v. Killion Construction Co., No. 60844, decided this date, Mo., 580 S.W.2d 263. That issue is: When an employee covered by workmen’s compensation dies in the scope of his employment and the widow thereafter remarries and receives a two-year statutory lump sum award, is the dependent child entitled to the widow’s weekly benefit immediately upon the date of the widow’s remarriage or is the child’s increased benefit to be…