Illinois Workers' Compensation Commission modifies decision regarding child's entitlement to death benefits
The Illinois Workers' Compensaiton Commission held that the decedent's child was enrolled in an accredited education institution at the time of the decedent's death. Therefore, he was entitled to death benefits until the registration deadline for the first semester in which he was no longer attending school.
Case name: Vasquez v. Hospira Inc., 16 ILWCLB 210 (Ill.W.C.Comm.2008).
Vasquez died as a result of an accident arising out of and in the course of his employmnet. He had three children. All were at least 18 years of age at the time of his death. The arbitrator found that the decedent's widow failed to prove that the oldest child was enrolled as a full time student in an accredited educational institution at the time of his father's death. The arbitrator concluded that pursuant to Section 7(a) of the Illinois Workers' Compensation Act., the decedent's widow was entitled to receive death benefits from July 2, 2004, through Sept. 5, 2004, the day before her remarriage, or a total of 9-3/7 weeks. Thereafter, as the decedent had no minor children nor any children under the age of 25 enrolled as a full time student at an accredited educational institution, she was entitled to receive a lump sum payment equal to two years of compensation benefits, or $52,404.56
The Illinois Workers' Compensation Commission modified the arbitrator's decision with respect to his finding that the Vasquez's oldest child was not entitled to receive death benefits pursuant to Section 7(a). The Commission found that the child was enrolled in an accredited educational institution within the meaning of the act at the time of the decedent's death, July 1, 2004. The child was enrolled as a full time student for the spring of 2003, fall of 2003 and spring of 2004 semesters. He intended to continue taking classes on a full time basis in the fall of 2004. The deadline for registration was Aug. 23, 2004. The Commission therefore found that the son was enrolled in an accredited educational institution until he failed to enroll for the fall 2004 semester on Aug. 23, 2004. Because the decedent's death July, 2004 occurrred while the child was enrolled in an accredited educational insittution within the meaning of the act, the child was entitled to receive death benefits pursuant to Section 7(a) until he ceased to be enrolled as of Aug. 23, 2004.
The Commission further found that should the child re-enroll as a full time student in an accredited educational institution prior to reaching age 25, he will again become eligible for benefits. The period beginning Aug. 23, 2004, whe his enrollment ceased, and ending when he re-enrolls as a full time student in an accredited educational institution will contstitute a break in the educational continuum as contemplated in Drives Inc. v Industrial Commission.
