Fowler Bell Blog – Worker's Comp
Death benefits–interest accrues starting on the date of death.
05 Oct 15
Interest on death benefits begins to accrue on the date of death, not the date that that a court appoints an administrator to the estate. The statute states that “payment is due to the ‘decedent’s estate.’ The estate comes into existence at the moment of the death.” This is per the Court of Appeals, who issued their published decision on the matter on October 2, 2015 in the case of Flagship Transportation, LLC v. Estate of Cory Keeling, et al., 2015-CA-000718-WC.
I agree with their reasoning. I’m a little surprised that this issue found its way to the Court of Appeals.