Weber v. Aetna Casualty & Surety Co.

406 U.S. 164 (1972)

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Nature of the Case

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Facts

Stokes died in Louisiana of injuries received during the course of his employment. Stokes resided and maintained a household with Weber, to whom he was not married. Living in the household were four legitimate minor children, born of the marriage between Stokes and Adlay Stokes who was at the time committed to a mental hospital. Also living in the home was one unacknowledged illegitimate child born of the relationship between Stokes and Weber. A second illegitimate child of Stokes and Weber was born posthumously. Stokes' four legitimate children, through their maternal grandmother as guardian, filed a claim for their father's death under Louisiana's workmen's compensation law. The employer and its insurer impleaded Weber who appeared and claimed compensation benefits for the two illegitimate children. The four legitimate children brought another suit for their father's death against a third-party tortfeasor, which was settled for an amount in excess of the maximum benefits allowable under workmen's compensation. The illegitimate children did not share in this settlement. The employer in the initial action requested the extinguishment of all parties' workmen's compensation claims by reason of the tort settlement. The trial judge awarded the four legitimate children the maximum allowable amount of compensation and declared their entitlement had been satisfied from the tort suit settlement. Judgment was also awarded to Stokes' two illegitimate offspring to the extent that maximum compensation benefits were not exhausted by the four legitimate children. The two dependent illegitimate children received nothing. All these results were upheld by the Supreme Court of Louisiana. The Supreme Court granted certiorari.