Court Finds Appeal Timely, Claims Remanded for Determination of Death Benefits

NEW YORK -- A New York appeals court has determined that a Workers' Compensation Board Panel erred when determining an asbestos claimant did not file a timely appeal, finding instead that the Panel overlooked an extension the plaintiff was granted in which to file the appeal. Seitz v. Jacobson & Company, No. 09759 (N.Y. App. Ct., 3rd Dept.).

In a Dec. 30 opinion, the 3rd Department of the New York Appellate Division reversed the Panel's dismissal of the claims, and remanded for a determination of whether the right to death benefits ceased when the exposed plaintiff's surviving spouse died.

Claimant …