Estate of Joyce v. Commercial Welding Co.

Michael Joyce, who was frequently exposed to airborne asbestos while working, died of lung cancer. His last documented exposure to asbestos dust was while working for Commercial Welding. A Workers' Compensation Board hearing officer later awarded the estate of Joyce benefits on a petition for an award of compensation and ordered benefits paid to Mary Joyce, Michael's widow, on a petition for death benefits. Commercial Welding appealed the hearing officer's decision as well as the hearing officer's determinations that (1) it had not cured a previously established violation of the Board's "fourteen-day-rule" because it had not paid interest on the required payment imposed for the violation, and (2) it was not permitted to offset the amount of the death benefits ordered to be paid to Mary by the amount of the payment for the fourteen-day rule violation. The Supreme Court vacated in part and affirmed in part the hearing officer's decision. The Court (1) disagreed with the hearing officer's decision that interest was due on the required payment to the Estate, but (2) agreed that the required payment amount could not be used to offset the death benefits ordered to be paid to Mary. View "Estate of Joyce v. Commercial Welding Co." on Justia Law