McCullough v. Swan Engraving, Inc.
Annotate this CasePlaintiff was the widow and presumptive dependent of Decedent. Decedent was employed as a photograph engraver and was later diagnosed with disabling pulmonary fibrosis as a result of his work exposure to toxins. Decedent filed a timely claim for benefits and subsequently died from his illness. The claim was not accepted nor were benefits paid before Decedent’s death. Just over one year after Decedent’s death, Plaintiff filed a claim for death and survivor benefits. Thereafter, Defendants accepted Decedent’s underlying claim for benefits. The Workers’ Compensation Commissioner concluded that Plaintiff’s claim for benefits was timely filed under the Workers’ Compensation Act and ordered Defendants to pay survivor benefits. The Workers’ Compensation Review Board reversed, finding that a dependent filing for survivor’s benefits must file a separate claim for benefits within one year of the decedent’s death. The Supreme Court reversed, holding that Plaintiff was not required to file a separate notice of claim for survivor benefits because the timely filing of Decedent’s notice of claim for benefits under the Act satisfied the limitation period for claims under the Act.
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