Court rules against ex-wife

Friday, March 16, 2001 | 12:04 p.m.

SUN CAPITAL BUREAU

CARSON CITY -- In a 4-3 decision, the Nevada Supreme Court ruled Thursday that an ex-wife who was living with her husband at the time of his work-related death is not entitled to survivor benefits from industrial insurance.

The majority decision, written by Justice Nancy Becker, rejected the appeal of Annabelle Benegas who had divorced Robert Benegas in 1981 in Las Vegas. The two started living together again in 1990 but never remarried.

Robert Benegas died in 1994 from lung diseases contracted while working in tunnel areas for Reynolds Electric Systems Co. at the Nevada Test Site. He had been employed for about 26 years.

Annabelle sought death benefits from the State Industrial Insurance System, which denied the application. She filed suit but District Judge Joseph Pavlikowksi rejected her claim.

Becker said the Legislature clearly defined "surviving spouse" as the husband or wife who was married to the employee at the time of death. "Thus, Annabelle is not Robert's surviving spouse for purposes of receiving death benefits ..." wrote Becker.

Others signing the majority opinion were Justices cliff Young, Deborah Agosti and Myron Leavitt.

Chief Justice Bill Maupin wrote the dissenting opinion.