The Massachusetts Workers’ Compensation Act (the Act) provides that employees who suffer injuries arising out of their employment can recover benefits, including weekly wage replacement payments for dependents in cases of death. It can be challenging to recover such benefits in cases involving latent injuries, and significant gaps between exposure and eligibility for benefits, however, as highlighted in a recent Massachusetts decision. If you are pursuing workers’ compensation benefits or seeking clarity on your rights, consulting with a Massachusetts workers’ compensation attorney is crucial.
History of the Case
It is alleged that the employee worked for a power company from for thirty years. Reportedly, he was exposed to asbestos fibers throughout his employment. It is further alleged that four years after retiring, the employee was diagnosed with asbestosis and metastatic adenocarcinoma, illnesses linked to his work-related asbestos exposure. He ultimately succumbed to his illnesses nearly five years after his diagnosis.
It is reported that the employee’s widow filed a claim for benefits under § 31 of the Act, which provides for payments to dependents of employees who die due to work-related injuries. An administrative judge acknowledged that the employee’s work exposure to asbestos caused his illness and death but denied benefits, citing the employee’s voluntary retirement and lack of earnings in the year preceding his death. On appeal, the Industrial Accident Reviewing Board reversed the denial, directing payments based on the employee’s last earnings. The employer’s insurer appealed, prompting the Supreme Judicial Court’s review. Continue reading →