Whittaker v. Hall

OPINION OF THE COURT

An Administrative Law Judge (ALJ) awarded benefits to a deceased worker’s estate and to her surviving spouse. Liability was apportioned equally to the employer and Special Fund. During the pendency of an appeal concerning the duration of the defendants’ payment periods under the award, the surviving spouse remarried. After the award became final, the employer moved for “clarification” and a reopening of the award, seeking an adjustment in the defendants’ payment periods based upon the reduced value of the award due to the surviving spouse’s remarriage. Relying upon…