Claim of Estate of Seitz v. Jacobson & Co.

Crew III, J.E

Appeal from a decision of the Workers’ Compensation Board, filed October 27, 2003, which ruled, inter alia, that claimant’s supplemental application for review was untimely.

In October 1993, John Seitz (hereinafter decedent), a former sheet metal worker, died of metastatic small cell anaplastic lung cancer due to asbestosis, and his surviving spouse thereafter filed the instant claim for workers’ compensation death benefits. Decedent’s surviving spouse died, however, before causal relationship was established, and a Workers’ Compensation Law Judge (hereinafter WCLJ) closed the…