VMW, Inc. v. Foster

Beasley, Judge.

The employee in this workers’ compensation case died of acute bilateral pneumonia on the morning of December 12, 1984, after having been admitted to the hospital on the evening of December 11. It appears without dispute from the medical evidence that the employee suffered from diabetes and that his physical condition generally and his ability to resist infection in particular had been greatly weakened by his failure to take insulin during the four-day period immediately prior to his hospital admission.

The administrative law judge denied a claim for death benefits brought by the…