“A dependent’s claim for death benefits is separate and distinct from the claim of the injured employee.”
How later courts described this case
- “A dependent’s claim for death benefits is separate and distinct from the claim of the injured employee.”
Written by the judges who cited it.
The opinion
NEELY, Justice,
concurring:
I concur to point out that this case applies only to a situation in which a timely claim was made initially and was improperly denied. It does not have the effect of opening up this entire area of the law for new applications for benefits under W. Va. Code, 23-4-10 [1978] merely because that statute is denominated “procedural.” If the claim was barred under earlier statutes, it is still barred.