DECEASED CLAIMANT RECEIVES POSTHUMOUS BENEFITS FROM THE ELECTRIC BOAT COMPANY

JAMES W. KELLY v ELECTRIC BOAT CORPORATION and ACE AMERICAN INSURANCE COMPANY

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Excerpts:

On April 26, 2012, the Claimant filed a motion for summary decision seeking an award of benefits to the

Claimant’s estate for a permanent partial impairment from October 4, 2011

through the date of the Claimant’s death on February 9, 2012. On May 7, 2012, the Employer

filed an objections to the Motion, and on that same day, it filed a cross motion for summary

decision arguing that it should not be liable for payment to the Claimant because after it became

self-insured in April of 1973, the Claimant was not engaged in maritime employment nor was he

exposed to asbestos at any maritime situs. On May 17, 2012, the Carrier filed a motion for summary decision seeking dismissal from the case before the    

Claimant’s exposure continued beyond April 1973 when the Employer became self-insured and the Carrier no longer insured the risk. On May 25, 2012, the Employer filed an objection to the Carrier’s motion, and on May 31,2012, the Claimant filed a response to both the Employer and Carrier’s motions for summary decision. On June 5, 2012, I held telephonic hearing on-the-record on the pending motions. During the June 5, 2012 telephonic hearing, the parties confirmed that there were no factual issues in dispute that would preclude summary decision, and all relevant documentary evidence was appended to the filling made by the various parties. Subsequently, I rendered a Bench decision on the record finding that Ace American Insurance Company was the last responsible  in this matter and granted the Claimant’s Motion for Summary Decision, in part.

Conclusion

Mr. Kelly is entitled to permanent partial disability benefits from October 4, 2011

through the date of his death on February 9, 2012, as well as medical care and

treatment. The Carrier, Ace American Insurance Company, shall pay the Estate of James W.
Kelly Permanent Partial disability benefits pursuant to 33 U.S.C. § 908(c)(23) at
the rate of $280.63 per week for the period of October 4, 2011 to February 9,2012;