Coal miner's claim doesn't abate at his death

If a claimant in an Illinois workers' compensation case dies during the claims process, the claim shall proceed as if death had not occurred.

Case name: Freeman United Coal Mining Co. v. Van Houten, Illinois Workers' Compensation Commission, Nos. 4-07-0905WC, 4-07-0907WC (Ill. App. Ct. 01/09/09).

Ruling: The Illinois Appellate Court affirmed a finding that a deceased coal miner suffered an occupational disease. However, the court held that the finding that "the living miner's claim abates at the death of a miner" was contrary to law.

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What it means: If a claimant in an Illinois workers' compensation case dies during the pendency of the claims process, the claim shall proceed as if death had not occurred. If the claim ultimately prevails, all compensation that would have been awarded to the claimant shall be paid to the dependents of the deceased claimant. Any other claims any dependent might have as a result of the claimant's death shall proceed unaffected.

Summary: A miner filed an application for adjustment of claim, pursuant to the Workers' Occupational Diseases Act, seeking benefits from the employer for disability caused by exposure to coal dust. The miner died two months later, due to a heart attack. His surviving spouse filed an application seeking death benefits from the employer, alleging that the miner's heart attack was aggravated by his work-related lung disease.

An arbitrator found the miner's coal-mining exposure resulted in an occupational disease which was a causative factor in his death. The arbitrator awarded the spouse benefits and ordered the employer to pay the spouse $4,200 for the miner's funeral expenses. However, the arbitrator denied benefits for the miner's claim. The appellate court affirmed the finding that the miner suffered an occupational disease. However, the court held that the finding that the miner's claim abated at the time of his death was contrary to law.

The court explained that if a claimant in a workers' compensation case dies during the pendency of the claims process, the claim shall proceed as if death had not occurred. If the claim ultimately prevails, all compensation that would have been awarded to the claimant shall be paid to the dependents of the deceased claimant. Any other claims any dependent might have as a result of the claimant's death shall proceed unaffected.

Therefore, as it had already been determined that the miner suffered from occupationally related chronic obstructive pulmonary disease, chronic bronchitis, and coal worker's pneumoconiosis and its effects, which caused a timely disablement, the court remanded the case for a calculation of the disability benefits to which the miner was entitled.

March 19, 2009

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