MATTER OF GAITHER

No. 89-293.

797 P.2d 208 (1990)

In the Matter of the Workers' Compensation Death Benefits of Richard GAITHER.

Supreme Court of Montana.

Decided August 21, 1990.


Attorney(s) appearing for the Case

John B. Whiston (argued), Rossbach & Whiston, Missoula, for appellant.

Larry W. Jones (argued), Garlington, Lohn & Robinson, Missoula, Michael Hoff, Seattle, Wash., for respondent.


SHEEHY, Justice.

This case involves the rights to benefits under the Workers' Compensation Law where the decedent who died in the course of his employment is survived by two children of a prior marriage, and by the widow of a second marriage through whom he had no children. We determined here that the surviving widow may waive or abandon her right to benefits; and that upon such waiver the surviving children are entitled to no more than their proportionate share of...

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