CompFox AI Summary
This case involves a widow seeking death benefits for her husband, who died from a multi-drug intoxication more than 240 weeks after his industrial injury. The Workers' Compensation Appeals Board denied reconsideration, upholding the administrative law judge's finding that the death benefit claim was untimely. The Board relied on Massey v. Workers' Comp. Appeals Bd., holding that the 240-week period from the date of injury is a prerequisite for death benefits, which had expired before the decedent's death. Therefore, no death benefit claim could arise, and the applicant's claim was properly disallowed.
Full Decision Text1 Pages
This case involves a widow seeking death benefits for her husband, who died from a multi-drug intoxication more than 240 weeks after his industrial injury. The Workers' Compensation Appeals Board denied reconsideration, upholding the administrative law judge's finding that the death benefit claim was untimely. The Board relied on Massey v. Workers' Comp. Appeals Bd., holding that the 240-week period from the date of injury is a prerequisite for death benefits, which had expired before the decedent's death. Therefore, no death benefit claim could arise, and the applicant's claim was properly disallowed.
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