Though most mesothelioma claims involve seeking compensation from product manufacturers, many people affected by the disease also seek benefits offered by their employers’ workers’ compensation policy. When Karen Reid’s husband died of the rare, asbestos-related disease in 2019, she filed a claim with the company he’d retired from in 1990 but ended up in a battle over the benefit. This week, the issue was resolved by the New York Appellate Division.
Employer Attempts to Pay Mesothelioma Benefit Based on 1989 Salary
After her husband’s 2019 death from mesothelioma, Karen Reid filed a workers’ compensation claim with National Grid, the company he’d worked for until his age-related retirement in 1990. At the initial hearing, she and the company agreed to what his average weekly wage had been for his last full year working for the company, but at a subsequent hearing, she argued that the death benefit she was owed should be based on the average weekly wage of a comparable worker for the one year preceding his death.
The Workers’ Compensation Law Judge hearing the case found that his date of death, March 2, 2019, should be used to determine his average weekly wage and ordered the employer’s workers’ compensation carrier to submit payroll for a comparable worker for the period of March 2, 2018 to 2019. This was then amended to clarify that it should be based on his date of disablement, which they established as the date of his death.
Mesothelioma Victim’s Employer Appeals Workers’ Compensation Judge’s Decision
The mesothelioma victim’s employer and their workers’ compensation carrier appealed this decision, but the Appellate Court upheld the decision, noting that “the Board is afforded great latitude in setting the date of disablement.” Though they agreed that some precedents pointed to using the date of retirement, they noted that in those cases the employee’s retirement had been based on a disability.
They decided that since Mr. Reid had never established a claim for workers’ compensation benefits due to his asbestos exposure, he did not become disabled from his condition until his death from mesothelioma, and therefore the date of his death was the date that should be used in determining benefits. The widow will receive compensation based on the more current, higher, salary rate.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
