Martha J. Freeman, Petitioners v. Texas Compensation Insurance Company, Respondent

Summary

The Texas Supreme Court affirmed the appellate court’s award of workers’ compensation death benefits to the widow and children, but modified the calculation of benefits after the widow’s remarriage. The Court held that the lump‑sum payment to the surviving spouse must be based on her pre‑remarriage weekly share and that the children’s benefits are not increased until two years after remarriage, preserving the statutory maximum weekly benefit. The Court also affirmed that sufficient evidence supported the jury’s finding that the employee’s death occurred in the course of employment.