Estate of Dunkin v. Treasurer of the State—Custodian of the Second Injury Fund

EDWARD R. ARDINI, JR., JUDGE

Deborah Dunkin (“Deborah”)1 appeals the decision of the Labor and Industrial Relations Commission (“Commission”) denying her motion to substitute parties based on a lack of jurisdiction. We find that Deborah’s status as a dependent of the injured employee was not established in the underlying final award, thus extinguishing her ability to receive successor benefits following the injured employee’s death. The decision of the Commission is affirmed.

FACTUAL AND PROCEDURAL HISTORY

Leonard Dunkin (“Leonard”) was injured on January 15, 2008, and in 2012 was awarded…