Successfully defended client in an attempt by a widower to extend the statute of limitations on a death claim.
We successfully defended our client before the Workers' Compensation Appeal Board on a case of first impression involving an attempt by a widower to extend the statute of limitations on a death claim. The decedent may have intentionally overdosed on pain medication in the underlying action leading to her demise. While the Workers' CompensationJudge held that the death was not a suicide under the Act, we were able to have the fatal claim dismissed by virtue of the additional 300-week statute of limitations written into the Act for death claims. The widower asserted that, since the nature of the accepted work injury was amended several years after the original injury was accepted as compensable, the 300-week statute should also be extended. The Appeal Board noted that this was a case of first impression and accepted all of the arguments we made on appeal.