12-0093. IN RE: ESTATE OF CRAIG A. BAGLEY Deceased Employee JENNIFER (ADAIR) HENLEY Claimant v. ALASKA MECHANICAL INC. Employer and SEABRIGHT INSURANCE CO. Insurer Defendants.

Court:Alaska
 
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Alaska Workers Compensation Decisions 2012. Workers' Compensation Board 12-0093. IN RE: ESTATE OF CRAIG A. BAGLEY Deceased Employee JENNIFER (ADAIR) HENLEY Claimant v. ALASKA MECHANICAL INC. Employer and SEABRIGHT INSURANCE CO. Insurer Defendants ALASKA WORKERS' COMPENSATION BOARDP.O. Box 115512 Juneau, Alaska 99811-5512 IN RE: ESTATE OF CRAIG A. BAGLEY, Deceased Employee, JENNIFER (ADAIR) HENLEY, Claimant, v. ALASKA MECHANICAL, INC., Employer, and SEABRIGHT INSURANCE CO., Insurer, Defendants.AWCB Decision No. 12-0093Filed with AWCB Fairbanks, Alaska on June 1, 2012AWCB Case No. 200710859FINAL DECISION AND ORDERJennifer (Adair) Henley's April 18, 2011 claim for increased death benefits on behalf of her minor children. Justice Bagley and Brandon Bagley, was heard on May 10, 2012, in Fairbanks, Alaska. Jennifer Henley appeared telephonically, testified and represented herself and Justice Bagley and Brandon Bagley. Attorney Richard Wagg appeared telephonically on behalf of Alaska Mechanical, Inc. and Seabright Insurance Co. (Employer). Michele Bagley appeared telephonically, testified and represented herself State of Alaska Child Support Specialist Ray HoUenbeck testified telephonically. The record closed on May 11, 2012, after the board received supplemental evidence filed by Jennifer Henley. ISSUE Jennifer Henley contends AS 23.30.215(h) provides children subject to a child support order should receive weekly death benefits of the amount set forth in the support order. As Craig Bagley (Employee), who died July 19, 2007 in the course and scope of his employment with Employer, owed a large child support arrearage at the time of his death, Jennifer Henley contends her children Justice and Brandon Bagley are entitled to $225.00 each per month, as ordered in a October 12, 2000 Anchorage Superior Court child support order. Employer contends the May 2, 2011 compensation award is correct, and it will continue to pay weekly benefits as ordered. Employer contends Justice Bagley and Brandon Bagley are not entitled to additional benefits. Michele Bagley contends the child support order in effect at the time of Employee's death ordered Jennifer Henley, not Employee, to pay child support. She further contends any amount owing under the October 12, 2000 order is owed to the State of Alaska, not Jennifer Henley, as Jennifer Henley was receiving public assistance during the support order. Does AS 23.30.215(h) entitle Justice and Brandon Bagley to additional weekly death benefits? FINDINGS OF FACT A review of the record establishes the following facts and factual conclusions by a preponderance of the evidence:
1) Justice Bagley, age 14 (born June 8, 1997), and Brandon Bagley, age 13 (born July 19, 1998), are Employee's biological children with Jennifer Henley (Bagley v. Alaska Mechanical, Inc., AWCB Dec. No. 11-0055 (May 2, 2011) (Bagley II)).
2) Employee and Jennifer Henley were never married (Bagley II at 2).
3) On October 12, 2000, the Anchorage Superior Court granted Jennifer Henley primary physical custody of Justice Bagley and Brandon Bagley. Employee was ordered to pay $450.00 per month in child support to Jennifer Henley. (Child Custody and Support Order, Adair v. Bagley, 3AN-00-8068 CI, October 12, 2000).
4) On February 23, 2007, the Anchorage Superior Court granted Employee primary physical custody of Justice Bagley and Brandon Bagley. Jennifer Henley was ordered to pay $309.00 per month in child support to Employee. (Order for Modification of Child Support, Adair v. Bagley, 3AN-00-8068 CI, February 23, 2007).
5) On July 19, 2007, Employee was killed in a work-related accident while working for Employer in Nome, Alaska, when an aerial man-lift in which he was working
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