Article ID: 082bb524b4a6f5176fa9a4526f5c009af6c497b3cd25f9e940a71722160e9918
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URL: https://www.businessinsurance.com/maine-high-court-upholds-death-benefits-for-workers-ex-wife/
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Maine high court upholds death benefits for worker’s ex-wife - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Maine high court upholds death benefits for worker’s ex-wife by Louise Esola Workers Comp Coverage Aug 7, 2026 The Maine Supreme Judicial Court ruled Thursday that a former spouse may receive workers compensation death benefits if she was financially dependent on the employee when the work injury occurred, even if the couple later divorced before the employee’s death. According to Carol Brewster v. S.D. Warren/Sappi N.A. , the court affirmed a Workers’ Compensation Appellate Division decision awarding death benefits to Carol Brewster, concluding that Maine law determines dependency at the time of injury, not at the time of death. Donald Nadeau suffered injuries to multiple body parts in 1985 while employed by S.D. Warren. He and Ms. Brewster were married and shared finances at the time of the accident. The couple divorced in 1997, and Ms. Brewster remarried in 2011. Mr. Nadeau died in 2020 from complications related to his work injuries, after which Ms. Brewster sought death benefits. The employer argued she was ineligible because she was no longer dependent on Mr. Nadeau when he died. The high court rejected that argument, finding the plain language of the applicable workers compensation statute ties dependency to the date of injury. Because the parties agreed Ms. Brewster was financially dependent on Mr. Nadeau when he was injured, she qualified for benefits despite their subsequent divorce. The court said the Legislature could have required dependency at the time of death but instead repeatedly referenced dependency “at the time of injury” throughout the statutory scheme. The ruling also is consistent with prior Maine precedent interpreting the state’s workers compensation law, the court said. 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