Pennsylvania Supreme Court Rules Specific Loss Benefits Survive Claimant’s Work-Related Death, Even Where Claimant’s Death Is Related to the Work Injury

In a significant decision clarifying the survivability of workers’ compensation benefits, the Supreme Court of Pennsylvania held that specific loss benefits awarded to a claimant prior to her death from work-related injuries are payable to her estate. 

The claimant filed Claim and Review Petitions, requesting specific loss benefits, and a Workers’ Compensation Judge granted the petitions. The judge’s decision was later affirmed by the Workers’ Compensation Appeal Board and the Commonwealth Court. However, while the decision from the Commonwealth Court was pending, the claimant died from her work injuries. 

Her estate subsequently filed petitions seeking payment of the specific loss award by the judge that was under appellate review when the claimant died. The judge denied the estate’s petitions, except for payment of the claimant’s funeral expenses, and the Appeal Board affirmed. The Commonwealth Court later did as well, and the estate appealed to the Supreme Court of Pennsylvania.

The Supreme Court held that the benefits awarded to the deceased claimant were survivable and payable to her estate. The court noted that the claimant pursued specific loss benefits during her lifetime, was awarded those benefits by a judge, and was defending the award on appeal when she died. The court further noted that prior court decisions had erroneously limited the survival of specific loss benefits exclusively to circumstances where a worker dies from causes unrelated to compensable injuries, under Section 306(g) of the Act. In considering Sections 306, 307 and the plain language of Section 410 of the Act, the court concluded that the Act does not categorically bar the recovery of specific loss benefits when a claimant dies from work-related injuries. The court said that Section 410 of the Act expressly provides that specific loss benefits may be paid after a death caused by a work-related injury where a claim for specific loss benefits was pending at the time of the claimant’s death. 

_{What’s Hot in Workers’ Comp, Vol. 29, No. 7, July 2025, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.}