Decision  Frank Eifler (employee), Evelyn Eifler (claimant) v. Flintkote, Inc.

Date:	12/13/1999
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 00754295
Location:	Boston

• Employee: Frank Eifler (employee), Evelyn Eifler (claimant)
• Employer: Flintkote, Inc.
• Insurer: American Mutual/Mass. Insurers Insolvency Fund

Smith, J. Evelyn Eifler, the claimant widow of Frank Eifler, appeals from a decision denying her claim for § 31 dependency benefits and § 30 medical benefits, but awarding burial expenses. ¹ The judge held that the widow was not entitled to dependency benefits because her husband voluntarily retired before the symptoms from his work-related asbestosis became apparent. He further held that the claim for medical bills was barred by the statute of limitations. Because we conclude that these holdings are contrary to the applicable law, we reverse those portions of the decision and award § 31 widow's benefits and § 30 adequate and reasonable medical and hospital services needed for treatment of the employee's asbestosis. The underlying facts are not in dispute. Frank Eifler was last exposed to asbestosis during his employment for Flintkote on February 15, 1966. (Dec. 10, 17.) His average weekly wage on that date was $92.31. (Agreed upon Statement of Facts dated August 27, 1998.) Flintkote was then insured by American Mutual. (Dec. 7.) That insurer subsequently became insolvent and has been represented in this proceeding by the Massachusetts Insurers Insolvency Fund. (Dec. 1.) After leaving the employ of Flintkote, Eifler worked for various employers until 1975 when he became self-employed. He retired from all forms of employment in 1982 at the age of 63. (Dec. 6.) Three years after his retirement he was diagnosed with asbestosis, causally related to exposure to asbestos in the 1960's. By at least February 20, 1985, Eifler was aware of the causal connection between his disability and employment at Flintkote. Id. He did not file any claims for weekly compensation or medical benefits.

¹ The case was consolidated for hearing with claims against B.F. Goodrich for two dates of injury: January 15, 1964 insured by American Mutual Liability, Board No. 007543-95, and July 30, 1951, insured by Kemper Insurance Company, Board No. 007544-95. The administrative judge denied by the B.F. Goodrich claims. No error is asserted by the employee regarding those denials. Those insurers have chosen not to participate in this appeal.