Hudson v. Vulcan Materials Co.

Beasley, Judge.

From July 2, 1982 until his death on March 15, 1985, claimant’s husband received 141 weekly payments of $135 in workers’ compensation benefits, totalling approximately $19,000, for total disability due to silicosis. Upon her husband’s death, dependent claimant sought 400 weeks of continued benefits less the 141 weeks of benefits her husband had received, a net of 259 weeks, under OCGA § 34-9-265 (b) (4). Denial instigated this action.

The State Board of Workers’ Compensation concluded that claimant’s recovery was governed by former OCGA § 34-9-265, which placed a $32,500 ceiling…