CompFox AI Summary
This case concerns a widow's claim for workers' compensation death benefits following her husband's cancer death, alleging exposure to carcinogenic chemicals at work. The original finding barred the claim due to the statute of limitations, as the application was filed over a year after the employee's death. The Appeals Board, on reconsideration, reversed this, finding the defendant failed to prove the widow knew or should have known of the industrial causation within the one-year period. Therefore, the claim is not time-barred, and all other issues are returned to the trial level for further proceedings.
Full Decision Text1 Pages
This case concerns a widow's claim for workers' compensation death benefits following her husband's cancer death, alleging exposure to carcinogenic chemicals at work. The original finding barred the claim due to the statute of limitations, as the application was filed over a year after the employee's death. The Appeals Board, on reconsideration, reversed this, finding the defendant failed to prove the widow knew or should have known of the industrial causation within the one-year period. Therefore, the claim is not time-barred, and all other issues are returned to the trial level for further proceedings.
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