| Date: | 06/23/2000 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 38426-96, 03303-97 |
| Location: | Boston |
- Employee: Domenic DiGregorio (employee) and Elizabeth DiGregorio (widow)
- Employer: Bethlehem Steel Corp.
- Insurer: Bethlehem Steel Corp. (self-insurer), Workers' Compensation Trust Fund
SMITH, J. The self-insurer and the Workers’ Compensation Trust Fund ("Trust Fund") appeal from an award of §31 benefits to a widow who married the employee after the date of his latent industrial injury. We conclude that §35C, the latent injury provision of the workers' compensation act, is not broad enough to enlarge the scope of eligibility for benefits. The version of §31 that applies to the case is that in effect on the date of the employee's last injurious exposure to asbestos. As this version of §31 requires dependency on the date of injury, we are compelled by law to reverse the award of benefits and deny the widow's claim.