LaChance v. Special Indemnity Fund

REIF, Judge.

The dispositive question presented is whether the workers’ compensation court can *962award material increase compensation from the Special Indemnity Fund after an employee’s death. This question arose because the employee herein died from cancer before his material increase claim against the Fund could be tried. Employee’s surviving spouse continued prosecution of the claim and was successful in establishing that employee was a previously impaired person who had a 4% material increase in permanent partial disability to the body as a whole from combining his preexisting disability and…