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Houser by Houser v. Dan Dugan Transport Co.

361 N.W.2d 62 (1985)

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Houser by Houser v. Dan Dugan Transport Co.

Minnesota Supreme Court
361 N.W.2d 62 (1985)

Facts

In October 1981, Russell Houser was killed during a truck accident while in the course and scope of his employment with Dan Dugan Transport Company (Dugan) (defendant). Russell’s widow, Glennice Houser, filed for workers’-compensation benefits, claiming dependency benefits for herself, her minor son, and her granddaughter, Nichole Houser. Nichole’s father, Timothy Houser, only contributed to Nichole’s hospitalization insurance and occasionally her babysitter. Nichole came to live with Russell and Glennice in July 1979 and had been living with them since she was 10 months old. Nichole had her own bedroom there, and her grandparents provided all her food and clothing. The grandparents also contributed significantly to Nichole’s support. Most of the discipline of Nichole came from her grandparents, and they both claimed Nichole as their dependent on their 1980 tax returns. Despite all of this, Dugan contested the dependency of Nichole. The workers’-compensation judge denied benefits for Nichole, finding that she was not a child under the workers’-compensation statutes. Glennice appealed. The Workers’ Compensation Court of Appeals reversed the decision and awarded dependency benefits.

Rule of Law

Issue

Holding and Reasoning (Kelley, J.)

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