ESTATE OF WATTS v. BLUE HEN INSULATION

No. 430, 2005.

902 A.2d 1079 (2006)

ESTATE OF Charles WATTS, and Estate of Verna Watts, Plaintiffs Below, Appellants, v. BLUE HEN INSULATION, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: July 6, 2006.


Attorney(s) appearing for the Case

Thomas C. Crumplar, Esquire (argued) and Elizabeth Barnes Lewis, Esquire, of Jacobs & Crumplar, P.A., Wilmington, Delaware, for Appellants.

Scott A. Simpson, Esquire, of Elzufon, Austin, Reardon, Tarlov & Mondell, P.A., Wilmington, Delaware, for Appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.


BERGER, Justice.

In this appeal, we consider whether certain workers' compensation benefits abate, either because of the death of the injured worker or the death of his surviving spouse. The worker suffered, and eventually died, from an occupational disease. The Industrial Accident Board held that his estate's posthumous claim for permanent injury benefits was extinguished when the worker's wife also died. The Board also...

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