Beneficiaries
Abandonment of spouse (RCW 51.08.020)
A worker was fatally injured in a logging accident. Although separated from the surviving spouse for three years, the worker provided occasional money for contributing to life necessities, had continued to visit on a regular basis, and had hoped to regain the marriage. Under these circumstances, the spouse was not living in a state of abandonment and had been provided with funds for maintenance as required by RCW 51.08.020. ….Loren Snavely, 95 7778 (1997)
Child (RCW 51.08.030
The statute defining "child" is not intended to include children to whom the worker stands in loco parentis. ....Cletus Tyrrell, Dec'd.,12,121 (1960)
Dependent (RCW 51.08.050)
Low-income family members who receive cash from a worker to be used for their medical expenses can be considered dependents of the workers for purposes of RCW 51.32.050(5). ….Oscar Vasquez, Dec'd., 99 19523 (2001) [dissent]
The worker's payments to his mother for his own room and board did not constitute "support" and she was therefore not dependent on the deceased worker at the time of his death. ....Owen Raines, Dec'd., 08,542 (1957)
Permanent partial disability benefits
A beneficiary may be entitled to benefits under RCW 51.32.050 and RCW 51.32.067 if it is established that the disability would have been permanent even if the worker had not died from unrelated causes before treatment was complete. ....James McShane, Dec'd., 05 16629 (2006)
Permanent total disability benefits
A beneficiary may be entitled to benefits under RCW 51.32.050 and RCW 51.32.067 if it is established that the disability would have been permanent even if the worker had not died from unrelated causes before treatment was complete. ....James McShane, Dec'd., 05 16629 (2006)
Spousal benefits are derived from the worker's pension reserve and are not calculated separately. When a worker is found totally and permanently disabled and dies prior to making an election pursuant to RCW 51.32.067, a previously paid permanent partial disability award must be taken out of the pension reserve and the Department has authority to select the spousal option. ....Gary Christian, Dec'd., 96 4751 (1998)[Editor's Note: The Board's decision was appealed to superior court under Grant County Cause No. 98-2-00106-9]
RCW 51.32.010 permits payment of permanent total disability pension benefits to a custodial parent where a minor was in legal custody of a divorced spouse because RCW 51.32.090(2), regarding payment of compensation for temporary total disability to the person actually providing support for a child, does not apply to payments for permanent total disability benefits. ....Dorsey Hursh, 90 6802 (1991)
A spouse, substituted as the appealing party where the worker died during the pendency of the appeal, who established that the worker was permanently totally disabled as of the date his time-loss compensation benefits were terminated, two years before his suicide, was entitled to benefits under RCW 51.52.050(6). ....William Zygarliski, Dec'd., 89 1094 (1990)
RCW 51.32.020 only applies when compensability hinges on the cause of the death. That statute does not bar a claim for benefits by a surviving spouse where the worker's death by suicide takes place while the worker is in a status of permanent total disability. ....John Hoerner, Dec'd., 67,267 (1985) [Rule upheld by Department of Labor & Indus. v. Baker, 57 Wn. App. 57 (1990)]
While the death of a worker who commits suicide with intent and deliberation is not compensable under RCW 51.32.020, the surviving spouse is not foreclosed from benefits under RCW 51.32.050(6) if the worker was permanently totally disabled at the time of death. ....Owen Larkin, Dec'd., 18,441 (1965) [dissent] [Rule upheld by Department of Labor & Indus. v. Baker, 57 Wn. App. 57 (1990)]
Spouse (RCW 51.32.040)
In the circumstance where a worker died while the appeal was pending and the survivor proves the spousal relationship, and establishes that an application for survivors' benefits has been filed with the Department, the spouse will be substituted as the appealing party and is entitled to pursue any benefits to which the deceased worker may have been entitled. ....William Zygarliski, Dec'd., 89 1094 (1990)