Young v. Air Masters Mechanical Inc.Annotate this Case
Daniel Tewksbury and Bobbie Young were previously married and were the parents of two minor children, Lane and Emma. They divorced in May 2006, and Daniel was ordered to pay child support. Daniel stopped making child-support payments in 2008. Bobbie later married Gerald Young, Jr. Gerald filed a petition to adopt Lane and Emma. In the adoption, Daniel’s parental rights were terminated. As of the termination of his parental rights, Daniel owed Bobbie $34,759 for child support. On April 5, 2015, Daniel died in an automobile accident. The accident occurred while Daniel was in the course and scope of his employment with Air Masters Mechanical, Inc. Bobbie then filed a petition with the Workers’ Compensation Commission on behalf of Lane and Emma, claiming that the children were entitled to Daniel’s workers’ compensation death-benefit proceeds and sought the payment of the $34,759 in outstanding child support. The Workers’ Compensation Commission Administrative Judge (AJ) determined that the child-support lien of $34,759 was valid and payable under Section 71-3-129. Air Masters and Associated General Contractors filed a petition for review with the Commission. The Commission concluded that Lane and Emma were not entitled to Daniel’s death benefits because they were not his statutory dependents under Mississippi Code Section 71-3-25 (Supp. 2019). The Commission reversed the AJ’s order and dismissed Bobbie’s petition. On appeal, a divided Court of Appeals reversed the Commission’s decision, concluding the child-support lien was valid. The Mississippi Supreme Court reversed, finding Section 71-3-129 did not authorize a lien on death benefits payable directly to the deceased employee’s statutory dependents. Accordingly, the child-support lien did not apply to Daniel’s death benefits. Further, because Daniel had no statutory dependents, there were simply no benefits to which the lien can attach in this case. As a result, the Commission properly dismissed the claim. The judgment of the Court of Appeals was reversed. The judgment of the Mississippi Workers’ Compensation Commission was reinstated and affirmed.