Richards v. Richards & Richards

BERMAN, Judge.

Petitioner seeks review of an award of dependent’s benefits made to her under the Workmen’s Compensation Act. We set aside the award.

Petitioner’s husband, a uranium miner, was diagnosed as suffering from lung cancer. In 1978, the Industrial Commission, in a ruling which is not contested by this petition, awarded temporary disability benefits.

Two years later, petitioner’s husband died as a result of the cancer. Petitioner applied for, and was awarded, dependent’s benefits. These benefits were computed based on the maximum death benefit in effect at the time of decedent’s…