Heather v. Delta Drilling Company
Wyoming Supreme Court
533 P.2d 1211 (1975)
- Written by Serena Lipski, JD
Facts
Heather (plaintiff) was the illegitimate daughter of Bryan, a worker who was killed while working for Delta Drilling Company (Delta) (defendant). A claim for workers’-compensation benefits was filed on behalf of Heather, who was only a few months old at the time of Bryan’s death. Bryan had not financially supported Heather or her mother during pregnancy. Based on a 1938 decision of the Wyoming Supreme Court holding that workers’-compensation death benefits were only available to a worker’s legitimate children, Delta argued that Heather’s claim should be denied. Delta further argued that even if death benefits could be payable to illegitimate children, they were only payable to children who were actually dependent on the deceased worker. Agreeing with Delta, the trial court granted summary judgment in Delta’s favor. Heather appealed.
Rule of Law
Issue
Holding and Reasoning (Raper, J.)
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