SURVIVORS' BENEFITS
Aggravation
In a claim for survivor's benefits premised on the worker being permanently and totally disabled at the date of death, the widow must first establish a permanent worsening of the worker's condition between the date his claim was last closed with a permanent partial disability award and the date of his death. The widow is held to the same burden as the worker with respect to the need to prove aggravation of condition. ....Lowrey Pugh, Dec'd.,86 2693 (1989) [Editor's Note: The Board's decision was appealed to superior court under King County Cause No. 89-08880-1.]
In a surviving spouse's appeal of a Department order denying the claim for spousal benefits on the basis the worker was not totally permanently disabled on the date of his death, the Board cannot reach the issue of permanent total disability when the worker's appeal of an order denying an application to reopen was pending at the time of death. Citing Reid v. Department of Labor & Indus., 1 Wn.2d 430 (1939). ....David Harvey, Dec'd., 94 1271 (1996)
Timeliness of claim - See TIMELINESS OF CLAIM