Kilpatrick v. Department of Labor & Industries

In each of the three consolidated cases, the widow of a deceased worker challenges the calculation of surviving spouse’s benefits under Washington’s workers’ compensation act, the Industrial Insurance Act. RCW Title 51.

The Superior Court affirmed the Department of Labor and Industries (Department) and the Board of Industrial Insurance Appeals (Board) in the calculation of benefits for *224each surviving spouse at the rate schedule in effect when her husband first manifested an asbestos-related disease. The widows contend the benefits should be paid at the rate in effect (1) at the death of their…