Gloria B.S. v. Richard G.S.
| Decision Date | 05 May 1982 |
| Citation | 458 A.2d 707 |
| Parties | GLORIA B.S., Petitioner, v. RICHARD G.S., Respondent. . Submitted: |
| Court | Delaware Family Court |
Upon Consideration of Workmen's Compensation Benefits as Marital property.
Samuel J. Frabizzio, Agostini & Frabizzio, Wilmington, for petitioner.
Colin M. Shalk, Tybout, Redfearn, Casarino & Pell, Wilmington, for respondent.
This is the Court's decision after review of the legal memoranda submitted on the issue of whether or not the Workmen's Compensation benefits received by the respondent, Richard G.S., are to be considered marital property subject to distribution pursuant to 13 Del.C. § 1513.
The respondent was injured on July 25, 1981, in an accident compensable under the Workmen's Compensation Law of the State of Delaware. At the time of the accident the respondent was repairing the brakes of one of his employer's trucks when a pneumatic cylinder exploded striking the respondent's left side of his face, cutting and crushing the globe of his left eye and fracturing and crushing the eye socket and cheek bone on the left side of his face. As a result of the accident, the respondent lost the complete use of his left eye. The respondent entered into an agreement as to compensation on July 31, 1981, for a total disability in the amount of $194.81 per week.
The respondent and the Workmen's Compensation carrier subsequently entered into an agreement as to compensation for the 100% loss of the left eye, representing 200 weeks at $194.81 per week, or the sum of $38,962.00. Of the amount stated, i.e., $38,962.00, the carrier made a lump sum payment of $4,065.06 on January 28, 1982, with the remainder to be paid on a weekly installment basis of $194.81. On or about April 1, 1982, the Industrial Accident Board (hereinafter called "Board") commuted the loss of use payments to 19 Del.C. § 2358 in the amount of approximately $28,000. The commutation was granted on the basis that the claimant could purchase a truck cab and return to his former livelihood as a truck driver. The order had not been entered, the exact amount calculated, nor payment made as of the date of the stipulation. In addition, the respondent is entitled to a disfigurement award pursuant to 19 Del.C. § 2326(f). The respondent has entered into a settlement for his claim for disfigurement in the amount of 40 weeks at $194.81 per week with the right to petition later for further benefits.
Section 1513(a) provides that the Court shall equitably divide, distribute and assign the marital property between the parties upon consideration of all relevant factors including those factors deliniated at §§ (a)(1) through (11). In determining what property constitutes marital property the statute provides as follows:
"(b) For purposes of this chapter only, 'marital property' means all property acquired by either party subsequent to the marriage except:
(1) Property acquired in exchange for property acquired prior to the marriage;
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Johnson v. Johnson, 471PA85
...with community property states, it has been adopted in decisions from equitable distribution jurisdictions. E.g., Gloria B.S. v. Richard G.S., 458 A.2d 707 (Del.Fam.Ct.1982); Campbell v. Campbell, 255 Ga. 461, 339 S.E.2d 591 (1986); In re Marriage of Gerlich, 379 N.W.2d 689 (Minn.App.1986);......
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Queen v. Queen
...entitled to any specific portion of the future income from the worker's disability compensation." Id. at 463. Cf. Gloria B.S. v. Richard G.S., 458 A.2d 707 (Del.Fam.Ct.1982) (workers' compensation award received or to be received is separate property not subject to equitable distribution ev......
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Newborn v. Newborn
...divorce was granted. Utah and Delaware take this approach, as well. See Izatt v. Izatt, 627 P.2d 49 (Utah 1981); Gloria B.S. v. Richard G. S., 458 A.2d 707 (Del.Fam.Ct.1982). The Oregon Court of Appeals also appears to take this approach, at least with respect to proceeds from the recovery ......
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Mistler v. Mistler
...Blumberg would add Wisconsin [Krebs v. Krebs, 148 Wis.2d 51, 435 N.W.2d 240 (1989) ] and, possibly, Delaware [Gloria B.S. v. Richard G.S., 458 A.2d 707 (Del.Fam.Ct.1982) ] and Oregon [Marriage of Bull, 48 Or.App. 565, 617 P.2d 317 (1980) ]. Blumberg, § 23.08[b] (main text and April 1991 cum......
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§ 8.01 Personal Injury Claims
...787 N.W.2d 480 (Iowa App. 2010).[20] Diament v. Diament, 816 A.2d 256 (Pa. Super. 2003).[21] See: Delaware: Gloria B. S. v. Richard G. S., 458 A.2d 707 (Del. Fam. 1982). Nevada: Fredrickson & Watson Construction Co. v. Boyd, 60 Nev. 117, 102 P.2d 627 (1940). Oregon has held that if a spouse......
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§ 3.03 Equitable Distribution Systems
...Martin, 707 P.2d 1035 (Colo. App. 1985). Delaware: Jerry L.C. v. Lucille H.C., 448 A.2d 223, 225 (Del. 1982); Gloria B.S. v. Richard G.S., 458 A.2d 707 (Del. Fam. 1983). District of Columbia: Barbour v. Barbour, 464 A.2d 915, 920 (D.C. 1983); Hill v. Hill, 12 Fam. L. Rep. (BNA) 1612 (D.C. S......
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§ 8.02 Workers' Compensation Benefits
...Civ. App. 1976). See generally, 2 Larson, Workmen's Compensation, § 57.10 (1975).[202] See, e.g.: Delaware: Gloria B. S. v. Richard G. S., 458 A.2d 707 (Del. Fam. 1982). Minnesota: Gerlich v. Gerlich, 379 N.W.2d 689 (Minn. App. 1986) (workers' compensation awards may in some instances compe......
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Distributing Personal Injury Settlements and Workers� Compensation Awards in Divorce
...[73] N.Y. Domestic Relations Law, § 236(B)(1)(d)(2). [74] Virginia v. Katz, 520 A.2d 1045 (Del. 1987). [75] Gloria B.S. v. Richard G.S., 458 A.2d 707 (Del.Fam.Ct. 1982). [76] Katz, 520 A.2d 1045, ¶ 12. [77] Gloria B.S., 458 A.2d at 708. [78] Pittaoulis v. Pittaoulis, 1990 Del.Fam.Ct. LEXIS ......