Lewis v. Lewis

Is a workers’ compensation settlement paid during marriage community property if the claimant’s disability occurred prior to the marriage? The lower courts answered this question yes. 923 S.W.2d 837. We disagree.

Thomas Lewis suffered a work-related injury resulting in immediate permanent disability for which he claimed compensation. Seven months later he married Eva, and about ten months into the marriage he settled his compensation claim. The net proceeds, some $30,000, were deposited in Eva’s account. About half of it was used to buy 15.25 acres of land deeded to both Thomas and Eva, and…