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Like Zero, Death Benefits Cannot Be Divided

In a recent Appellate Court decision, it was concluded that workers’ compensation death benefits cannot be divided:

Webb v Cooper Crouse Hinds Company

The claimant received benefits for lung disease.  They were divided between 75% for job related causes (asbestos exposure), and 25% for unrelated causes (smoking).  After the claimant’s death, he was rewarded full death benefits.  The employer argued that he should only receive 75% of the death benefits, dividing them in the same manner as the workers’ compensation.  However, the Court ruled that death benefits are not divisible, and the claimant received the full amount.

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