Churchville v. Bruce R. Daly Mechanical Contractor

Opinion

McLACHLAN, J.

The dispositive issue in this workers’ compensation appeal is whether a surviving spouse of a deceased employee who had been receiving temporary total incapacity benefits is entitled to an award of permanent partial disability benefits only if the employee had affirmatively requested permanent partial disability benefits prior to his death. The defendants, Bruce R. Daly Mechanical Contractor (Daly) and Risk Enterprise Management, appeal 1 from the decision of the workers’ compensation review board (board) affirming the decision of the workers’ compensation commissioner…