Winstead v. Derreberry

WELLS, Judge.

Claimant Melanie Winstead brings forth four assignments of error to the Commission’s order, each challenging payment of death benefits to deceased’s two minor stepchildren under the Workers’ Compensation Act [hereinafter the Act]. These assignments of error essentially present the sole question of whether a stepchild who is substantially but not legally dependent upon a stepparent can receive death benefits under the Act, a question of first impression before our appellate courts. We hold that stepchildren are not conclusively presumed to be wholly dependent upon a supporting…