\ MARILYN SUE NEWMAN,MINOR DAUGHTER OF RALPH NEWMAN, DECEASED, BY AND THROUGH HER NEXT FRIEND, NATURAL GUARDIAN AND MOTHER, MARY CATHERINE CAULK, Claimant, ‘us.STATE OF ILLINOIS, nespondent. Opznaon pled September 12, 1944. M. J. HANAGAN
Case summary
The court modified a prior workers' compensation award after the widow remarried, directing that the unpaid balance of $3,476.00 be paid partly to the widow for a short period and the remainder to the minor daughter.
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Headnotes
- WORKMEN’S COMPENSATIOX AcT-when renbal-rzage of wzdoav of deceased employee extznguzshes her rzght to further compensataon. Under the provisions of Section 7, par. ( a ) of the Workmen’s Compensation Act, a widow, upon her remarriage is not entitled to any future benefits and all payments due under previous award, subsequent to the date of her remarriage are due and payable to the minor daughter of the deceased workman.
\ In an Opinion heretofore filed in this cause at the January, 1942, term of this Court, entitled Mary Catheri!ne Newmart, Claimamt, vs. State of Illimois, Respondent, No. 3637, an award was made of $4,832.90.
The matter now comes before the Court for a modification of our previous award, on the grounds that Mary Catherine Newman, widow of Ralph Newman, deceased, married Wade L. Caulk on May 1, 1943. Under the provisibns of Section 7, par. ( a ) of the Workmen's Compensation Act, she is not entitled to any future benefits, and all payments due under our previous award subsequent to May 1, .L943, are due and payable to Marilyn Sue Newman, the minor daughter of Ralph Newman, deceased. Payments were made to claimant up to April . 12, 1943, when they were discontinued, and amounted to the sum of $1,356.90, leaving the unpaid balance of the award $3,476.00.
The award heretofore entered in this cause is hereby modified to the effect that the unpaid balance of $3,476.00 is payable as follows: (1) The sum of $44.79 is payable to Mary Catherine Caulk, as compenaation from April 12, 1943, to May 1, 1943, a period of 2-5J7 weeks; (2) The balance of said award, to-wit : $3,431.21 is payable to Marilyn Sue Newman, the minor daughter of Ralph Newman, deceased, by and through her next friend, natural guardian and mother, Mary Catherine Caulk; and the said sum of $3,431.21 is payable as .follows : ( a ) The sum of $1,171.50, compensation for a period of 7 1 weeks for the period May 1, 1943, to Sep[*19]tember 11, 1944, is payable forthwith; (b) The balance of $2,259.71 is payable in 136 weekly installments of $16.50, commencing September 18, 1944, and one final payment of $15.71.