Patterson v. Dvorak Construction Co.

YETKA, Justice.

In this case, the employer and insurer appeal the Workers’ Compensation Court of Appeals’ determination that the widow of a decedent is not entitled to any government survivorship benefits, is not responsible for the support of her stepchildren and therefore is entitled to the maximum workers’ compensation benefits under the Minnesota act.

We affirm and remand only for recalculation of benefits if necessary due to the provisions of Minn.Stat. § 176.645 (1978).

The issue raised in this appeal is: Where a wage earner dies, leaving his spouse and his two children from a previous…