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Widow Waited Too Long to Assert Claim for Death Benefits

Monday, December 13, 2021 | 0

A divided North Carolina Court of Appeals ruled that a worker’s filing of a claim for benefits for an injury shortly before his death did not satisfy the statutory deadline for his widow to file a claim for death benefits. “Plaintiff’s pursuit of benefits as decedent’s widow and sole dependent is a separate claim from that filed originally by decedent prior to his death,” the majority opinion reads. “We agree with the majority of the full commission that decedent’s filing of a Form 18 for workers’ compensation benefits had no effect on when plai...

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