Estate of Becker v. Rauli & Sons, Inc.
Alan M. Becker Sr. was found to have a permanent total disability due to work-related ailments and was awarded workers’ compensation benefits. The employer’s carrier was directed to deposit the present value of all unpaid benefits into the aggregate trust fund by February 2009, but failed to do so, instead continuing direct payments to Mr. Becker. After Mr. Becker's death in August 2009, the carrier sought to be relieved of its obligation to make the deposit. The Workers’ Compensation Board declined this request and directed the deposit be made with interest. The employer and carrier appealed, contending the Board’s refusal constituted an unexplained departure from prior precedent, but the Appellate Division affirmed the Board's decision, finding the facts of the instant case distinguishable from the cited precedent.