George W. Kennedy Construction Co. v. Industrial Commission

Decedent, Carl Stirnichuk, died in a compensable work-related accident. Respondent, Louise Stirnichuk, filed an adjustment of claim contending that she was the lawful widow of Carl at the time of his death. Petitioner opposed the application upon the basis that at the time of Carl’s death, he and Louise were divorced. The arbitrator determined after hearing that Louise was eligible to receive death benefits as the surviving widow on the basis of a circuit court order entered in the divorce proceeding after Carl’s death which vacated the Stirnichuks’ dissolution judgment.

On review, the…