Brusman v. Newport Steel Corp.

COOPER, Justice.

On February 28, 1997, Donna Sue Brus-man was fatally injured in the course and scope of her employment with Appellee Newport Steel Corporation. She was survived by her husband, Appellant Robert A. Brusman, and their three minor children. Although Donna and Robert Brusman were still married, they had been separated for over two years. A divorce action had been filed and was pending at the time of Donna’s death. Robert and the three children filed workers’ compensation claims for death benefits under KRS 342.750. They also claimed entitlement to a 15% penalty pursuant to KRS…