Martin v. Workers' Compensation Division

McGRAW, Chief Justice.

Mrs. Juanita Martin appeals a decision of the Workers’ Compensation Appeal Board that affirmed a denial of her late husband’s claim for a permanent total disability award. She was substituted as a party to this action upon the death of her husband Dana Martin. Because we find that Mr. Martin’s death does not affect the outcome of his appeal, and because we conclude that the Office of Judges and the Workers’ Compensation Appeal Board erred in not awarding permanent total disability benefits, we reverse.

I

BACKGROUND

Mr. Dana Martin worked for approximately twenty years as a…