Commission reduces re-marriage benefits

In a rarely litigated issue, the Commission addressed whether the remarriage benefits under 287.240 include the weekly amount or the lower amount after apportionment to other dependents. Agreeing with the employer, the Commission reduced the benefits to the surviving spounse nearly $23,000, reducing a higher award issued by Judge Kasten. The case is McBride, dec. v Mo Dept. of Transporation, DOLIR 4-24-09. The Commission permitted the employer to raise the issue on appeal even though it was not raised at hearing, and noted did that the employer did not have a binding stipulation at the higher rate.