Estate of Plemons v. Industrial Commission

OPINION

FERNANDEZ, Chief Judge.

In this workers’ compensation case, the employee’s estate and his widow contend that the administrative law judge (AU) erred in failing to apply the unexplained death presumption and in deeming the widow’s claim denied although no notice of claim status had been issued. We find no error and affirm the award.

Robert Plemons’s body was found on June 11, 1987 near one of the portable toilets that he emptied and cleaned on the route he followed for his employer, J Jon Corporation. Plemons’s duties were to pump out the toilet waste, scrub the tanks and walls, and fill…