McCullough v. Swan Engraving, Inc.

Summary

The court held that a surviving dependent need not file a separate timely notice of claim for survivor’s benefits when the deceased employee filed a timely claim for workers’ compensation benefits during his lifetime. The court concluded that the governing statute contains no separate limitations period for that circumstance, and that imposing one would improperly add language to the statutory scheme. The court therefore reversed the Review Board and directed it to affirm the commissioner’s award of benefits.