The Kentucky Court of Appeals last week ruled that a worker's settlement of his comp claim didn't bar his widow from seeking death benefits after he died from his injuries.
Kentucky Revised Statute Section 342.750 allows a worker's surviving spouse to receive death benefits if the worker dies within four years of sustaining an industrial injury.
The court reasoned that a dependent's right to death benefits is an independent right, derived from this statute, and so a compromise and release executed by a worker as to his benefits will not affect the claims of his dependents.
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