Family Dollar v. BaytosAnnotate this Case
Steven Baytos settled his workers’ compensation injury claim with Family Dollar Stores, his employer. The settlement amount included separate consideration in exchange for Baytos’s waiver of all future claims. Two years after Baytos died from his work-related injury, Mamie Baytos, his widow who was not a party to the settlement, filed a motion to reopen Baytos’s injury claim to assert her own claim for a workers’ compensation death benefit. The administrative law judge allowed Mamie to reopen Baytos’s claim and awarded her death benefits. The Workers’ Compensation Board reversed, concluding that claims for death benefits arising from a workers’ compensation injury are not derivative of the income benefits the injured employee recovers from the employer. The Court of Appeals reversed the Board. The Supreme Court affirmed, holding (1) Mamie has a separate and viable claim for death benefits under Ky. Rev. Stat. 342.750; and (2) it was improper for Mamie to assert her claim via reopening Baytos’s settled claim, although the court made an exception in today’s case.