Death & Permanent Total Disability Trust Fund v. Rodriguez

WAYMOND M. BROWN, Judge.

Modesto Sustaita Herrera was involved in a fatal workplace accident on December 9, 2004. He was survived by two “wives” and four children, three of whom were minors at the time of his death. By opinion dated April 22, 2008, the Workers’ Compensation Commission found that the minor children, all alien nonresidents, were entitled to survivor benefits. The Death and Permanent Total Disability Trust Fund (“Trust Fund”) appeals from that finding, contending that the children were not dependent on the decedent and that they were barred from receiving benefits under Ark.Code…