Whittaker v. Cecil

MEMORANDUM OPINION OF THE COURT

After sustaining a work-related back injury, the claimant was awarded income benefits for permanent, total disability, with a tier-down of benefits beginning at age 65. The parties stipulated to 50% apportionment, and consistent with the then-current interpretation of the law, the award provided that all income benefits were to be paid by the employer for the initial 50% of the claimant’s life expectancy, with the Special Fund paying all benefits thereafter. The award was affirmed by the Workers’ Compensation Board (Board), and no further appeal was taken.

The…