Smith v. Workers' Compensation Appeals Board

Opinion

BALLANTYNE, J.

Introduction

Petitioner, Julie K. Smith (hereinafter Mrs. Smith), filed a worker’s compensation claim arising out of injuries resulting in the death of her husband, Ronald Wayne Smith (hereinafter the decedent). Mrs. Smith filed the claim on her behalf and as guardian ad litem for her three minor children. The workers’ compensation judge determined that the decedent’s death did not arise out of and in the course of his employment. Mrs. Smith filed a petition for reconsideration. The Workers’ Compensation Appeals Board denied the petition for reconsideration.

Mrs. Smith…