Thomas Refuse Service v. Flood

COLEMAN, Judge.

In this Workers’ Compensation Commission appeal, we consider the application of Code § 65.2-511 to a deceased employee who was under an award for temporary total incapacity when he died from unrelated causes. Specifically, we determine whether an employee’s statutory dependents are entitled to claim the employee’s scheduled permanent partial loss benefits under Code § 65.2-503(B) for loss of an arm and a leg, when the deceased employee was still under an award for temporary total incapacity and had claimed neither permanent total nor permanent partial incapacity before his…