The Court of Appeals of Texas, 13th District has ruled that a woman engaged to be married to a man killed on the job in 2016 is not entitled to death benefits, reversing earlier rulings granting her benefits as a fianceé. The case is Tex. Mut. Ins. Co. v. Ochoa, 2021 Tex. App. LEXIS 4252.
Nathan Fryday was killed in a work-related accident in August 2016. Texas Mutual Insurance Company (TMIC) was the workers' compensation insurer for Fryday's employer. Following his death Fryday's parents and his fiance, Lacey Ochoa sought workers' compensation death benefits from TMIC.
The lower court found that Ochoa was Fryday's informal spouse, which TMIC disputed, the Division of Workers Compensation (DWC) awarded her death benefits. TMIC sought to have the decision appealed by the DWC appeals panel, which determined that the original decision was correct. TMIC appealed and, in response, a trial court stated that Ochoa was entitled to summary judgment, awarding death benefits in line with the decision of the DWC.