NH Supreme Court Extends Death Benefits to Widow of Worker~2 min read

The New Hampshire (NH) Supreme Court recently addressed the tragic situation of a woman who lost her husband to cancer from his work at a firefighter.  Her husband was employed as a firefighter for nearly 20 years. He began seeking treatment for health issues in early 2019 and was eventually diagnosed with bile duct cancer. Husband submitted a report of injury to the Department of Labor. Husband’s request for Workers’ Compensation was denied by the employer. Husband did not pursue the claim any further and died in January 2020.

Wife applied for death benefits in April 2020, four months after Husband’s death. She was initially denied benefits and successfully appealed the order. Wife then requested Workers’ Compensation death benefits in January 2023. The employer and then the Department of Labor denied the claim. Wife appealed to the Compensation Appeals Board (CAB), which held a hearing where it was determined that Wife’s Workers’ Compensation claim was not time-barred under RSA 281-A:42(d).

On appeal to the New Hampshire Supreme Court, the question became whether Wife’s claim for death benefits was a continuation of Husband’s prior claim or if Wife’s claim was a separate claim. If the Wife’s claim for death benefits was determined to be a continuation of the decedent’s prior claim, it was required to be filed within 18 months of the denial of the decedent’s prior claim. If the Wife’s claim for benefits was determined to be a separate claim, it was required to be filed within 18 months of the denial of Wife’s claim for benefits.

The employer argued that Wife’s application for death benefits was a continuation of Husband’s previous application and that her claim was time-barred because it should have been filed within 18 months of the denial of Husband’s claim. Wife argued that her claim for benefits stemmed from Husband’s death and therefore was separate from the claim Husband made during his lifetime. Therefore, Wife argued that the appropriate timeframe to petition for a hearing was no later than 18 months after her claim for benefits was denied and that she had done so, rendering her claim timely.

The NH Supreme Court agreed with the Wife. The Court determined that the statute provides for a separate cause of action for dependents which is distinct from the claim of the decedent. Because Wife’s claim was recognized as separate from Husband’s claim, the Court determined that she was not required to petition for a hearing within 18 months after the denial of Husband’s claim. Rather, the Court found that Wife’s timeline to petition for a hearing began to run when her separate claim for death benefits was denied in February 2023.

This is an important development that outlines the difference between an individual workers’ compensation claim, and a claim for death benefits filed by the dependent spouse.

If you need assistance with a workers’ compensation matter, the attorneys at PMMLaw can help.