Claim of Way v. J & J Log & Lumber Corp.

Appeal from a decision of the Workers’ Compensation Board, filed August 27, 2004, which ruled that claimant was not entitled to death benefits as a surviving spouse.

Claimant and decedent were married in 1993. In April 1996, decedent commenced an action for divorce which did not result in a final judgment. Claimant thereafter left the marital residence and relocated to Florida in February 1997. In April 2001, decedent died while working as a lumber scaler and the case was established for accidental death. Subsequently, claimant, as the surviving spouse, filed an application for workers’…