Survivors of Young v. Island Feeling, Inc.

Opinion of the Court by

LIM, J.

In this case involving workers’ compensation death benefits, the wife and son (the survivors) of the employee, the late Roy W.C. Young (Young), appeal the February 12, 2003 decision and order of the Labor and Industrial Relations Appeals Board (the Board).

The survivors contend the Board was wrong as a matter of law in using the date-of-injury maximum weekly benefit rate (MWBR) to calculate their death benefits. They argue that a dependent’s claim for death benefits is “separate” from the workers’ compensation claim of the injured employee; as such, death benefits…