Estate of Watts v. Blue Hen Insulation

BERGER, Justice.

In this appeal, we consider whether certain workers’ compensation benefits abate, either because of the death of the injured worker or the death of his surviving spouse. The worker suffered, and eventually died, from an occupational disease. The Industrial Accident Board held that his estate’s posthumous claim for permanent injury benefits was extinguished when the worker’s wife also died. The Board also decided that the death benefits being paid to the worker’s wife terminated upon her death. The Superior Court agreed with the Board’s legal analysis. We conclude that the…