Death & Permanent Total Disability Fund v. Tyson Foods, Inc.

Judith Rogers, Judge.

The appellant, Death and Permanent Total Disability Trust Fund, appeals from an adverse decision of the Workers’ Compensation Commission, which held that the appellee, Tyson Foods, Inc., may, in calculating its statutory maximum liability of $50,000, receive credit for the lump sum payment made to the surviving spouses upon remarriage. The sole issue on appeal is whether as a matter of law the Commission erred in its finding. We find no error and affirm.

The facts in this case are undisputed. Dwight Robbins and Ronnie Dees died as a result of injuries they sustained in a…