Foley v. Thermal Engineering
American Home Assurance
January 13, 2015
Death Benefits Beneficiaries §215
Summary from the Troubh Heisler Attorneys
Foley was injured at work in 2005, when he was not married and had no dependents. He received incapacity benefits until he settled his case in 2008. Foley had a son in 2006 and was married in 2008. He died in 2009 from an overdose of legal and illegal drugs, and Mrs. Foley filed a petition seeking death benefits under §215. H.O. Collier found that Foley was not married on the date of his work injury, so his wife and son were not dependents under the Act for purposes of his 2005 injury.
Foley appealed, but the panel affirmed the decision, finding that §215 repeatedly refers to “the time of injury” as controlling its application.