Hubbard v. SWCC and Pageton Coal Co.

McGRAW, Justice:

This is an appeal from an order of the Workmen’s Compensation Appeal Board, dated November 26, 1980, which affirmed the State Workmen’s Compensation Commissioner’s ruling denying the claimant’s application for dependent death benefits on *574the ground that the commissioner did not have jurisdiction to consider the claim, and that the claim was untimely because it was not filed within two years of the death of claimant’s decedent.

The facts of this case are not in dispute. Claimant’s decedent, William H. Hubbard, was granted a total permanent disability award for silicosis on…