## Facts

- Russell Maurice Houser, a truck driver for Dan Dugan Transport Company, died in a work-related two-truck collision on October 12, 1981.
- His widow, Glennice Houser, sought workers’ compensation dependency benefits for herself, their minor son living at home, and their granddaughter, Nichole Houser.
- Nichole (nearly three at Russell’s death) is the child of Timothy and Joni Houser, who divorced in 1979; the decree awarded Timothy custody and imposed on him a support duty.
- In July 1979, when Nichole was about 10 months old, she began living with Russell and Glennice and continued living in their household thereafter.
- Nichole’s father lived nearby and contributed primarily hospital insurance and occasional babysitting costs.
- Russell and Glennice provided Nichole with room and board, food and clothing, and primary day-to-day care and discipline; she had her own bedroom in their home.
- There was no formal agreement for reimbursement, and the grandparents’ support was described as gratuitous, but substantial.
- The grandparents claimed Nichole as a dependent on tax returns, and Glennice continued to claim her after Russell’s death.

## Issues

1. Whether a grandchild who resided in the deceased employee’s household and received substantial support from him qualified as a “child,” “dependent,” or “member of decedent’s family” under Minn. Stat. § 176.011, subd. 2 (1982) for workers’ compensation dependency benefits.

## Decision

- The Minnesota Supreme Court affirmed the award of benefits to Nichole.
- The Court held that, on these facts, Nichole was a “member of decedent’s family” and “dependent” within Minn. Stat. § 176.011, subd. 2 (1982).
- The Court upheld the Workers’ Compensation Court of Appeals’ reversal of the compensation judge, concluding the statute could include a grandchild who was an actual household dependent.

## Legal Principles

- Dependency under Minn. Stat. § 176.011, subd. 2 (1982) may be established by actual household membership and substantial support, not solely by formal parent-child status.
- A grandchild may qualify as a statutory “child” for dependency benefits when the grandchild lives in the employee’s household and relies on the employee for substantial support.
- In determining statutory dependency, adjudicators may consider residence, continuity of care, the extent of financial support, and objective indicators of dependency (including tax filings).
- Workers’ compensation dependency provisions are construed to protect persons who were in fact dependent on the employee at the time of death.

## Conclusion

A grandchild who continuously lived in the deceased worker’s household and received substantial support from him was a dependent “member of decedent’s family” under Minn. Stat. § 176.011, subd. 2 (1982) and therefore entitled to workers’ compensation dependency benefits.


Houser ex rel. Houser v. Dan Dugan Transp. Co., 361 N.W.2d 62 (Minn. 1985)