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

I believe the prevailing opinion incorrectly applies Ark. Stat. Ann. § 81-1310(c)(2) (Repl. 1976). The statute, set out in the prevailing opinion, places a maximum amount of “weekly benefits” for death and permanent total disability for which an employer or his insurance carrier is liable but makes no provision for the inclusion of any other benefits in computing the maximum amount for which the employer or his carrier is liable.

We point out the widow’s lump sum benefit upon remarriage was part of the 1948 Initiated Act establishing the Workers’ Compensation Law. The section of the statute…