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Leitenberger v. Olt Bros.

Citations: 136 N.J. Super. 261; 345 A.2d 803; 1975 N.J. Super. LEXIS 620

Court: New Jersey Superior Court Appellate Division; September 25, 1975; New Jersey; State Appellate Court

Narrative Opinion Summary

The employer appeals a compensation award granted to the widow of a deceased employee, questioning whether her representation as another man's wife, without actual marriage, should disqualify her from dependency benefits. The issue references the precedent set in Gaudreau v. Eclipse Pioneer Division, which established that only actual remarriage terminates a widow's right to workmen's compensation benefits. Since common law marriages have not been recognized in the state since 1939, a ceremonial marriage is required to revoke these benefits. Consequently, the widow's lifestyle, despite involving an illicit relationship, does not preclude her from receiving compensation. The lower court's decision is affirmed.

Legal Issues Addressed

Dependency Benefits and Illicit Relationships

Application: The court concluded that a widow's involvement in an illicit relationship does not disqualify her from receiving workmen's compensation benefits, as the legal requirement of remarriage was not met.

Reasoning: Consequently, the widow's lifestyle, despite involving an illicit relationship, does not preclude her from receiving compensation.

Recognition of Common Law Marriages

Application: The court noted that common law marriages are not recognized in the state, emphasizing that a ceremonial marriage is necessary to alter legal rights related to compensation benefits.

Reasoning: Since common law marriages have not been recognized in the state since 1939, a ceremonial marriage is required to revoke these benefits.

Termination of Workmen's Compensation Benefits upon Remarriage

Application: The court reaffirmed that only an actual ceremonial remarriage can terminate a widow's right to workmen's compensation benefits, rejecting the notion that representation as another man's wife without actual marriage affects this right.

Reasoning: The issue references the precedent set in Gaudreau v. Eclipse Pioneer Division, which established that only actual remarriage terminates a widow's right to workmen's compensation benefits.