Workers’ Compensation
Continuance of permanent partial disability payments to survivors
- effect of death prior to final claim disposition
Notes of Decisions
Claimant’s noncompensable suicide does not bar recovery for compensable injuries sustained prior to suicide. Ahn v. Frito-Lay, Inc., 91 Or App 443, 756 P2d 40 (1988), Sup Ct review denied
Where claimant was unmarried and had no dependents or minor children at time of death, personal representative does not have standing to pursue claim for unpaid temporary total disability benefits that accrued before claimant’s death. Trice v. Tektronix, Inc., 104 Or App 461, 801 P2d 896 (1991)
Authority of beneficiaries to request hearing includes authority to perform acts prerequisite to making request. Edwards v. Cherry City Electric, Inc., 141 Or App 578, 919 P2d 501 (1996)
Payment of burial allowance is discretionary with insurer or self-insured employer. Edwards v. Cherry City Electric, Inc., 141 Or App 578, 919 P2d 501 (1996)
Where worker dies of unrelated causes prior to becoming medically stationary, both calculation and payment of benefits must be made to beneficiaries as if worker had survived. Shaw v. Steinfelds Products, Inc., 160 Or App 77, 980 P2d 169 (1999), Sup Ct review denied
“Final disposition” of hearing request occurs when final order has been entered and is no longer subject to review by Workers’ Compensation Board or courts. SAIF v. Balcom, 162 Or App 325, 986 P2d 104 (1999), Sup Ct review denied
Where claimant in worker’s compensation case died before final judgment of case was awarded funeral benefits upon death but had no surviving statutory beneficiaries, claimant’s estate is entitled to awarded benefits. Sather v. SAIF, 262 Or App 597, 325 P3d 819 (2014), aff’d 357 Or 122, 347 P3d 326 (2015)
Where claimant in worker’s compensation case died while claimant’s petition for judicial review of case was pending, claimant’s estate is entitled to pursue claimant’s petition. Sather v. SAIF, 357 Or 122, 347 P3d 326 (2015)