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