Arndt
Arndt v. Workers' Compensation Appeals Board
Opinion
Opinion
Elkington, J.
We review an order of the Workers' Compensation Appeals Board (hereafter “Board”) dismissing petitioner Erla M. Arndt’s application for death benefits following the death of her husband, John H. Arndt, from a claimed occupational disease.
In the proceedings before the Board petitioner established, or offered to establish, the following facts.
The deceased had been employed for many years until April 28, 1967, at an occupation in which he was exposed to minute asbestos components in the air. He then changed to a different type of employment at which he worked until August 11, 1970. On February 3, 1971, his death was brought about by a cancerous tumor of the lung called mesothelioma, a disease, at that time, of unknown etiology. Petitioner learned during April of 1973 that mesothelioma was an occupational disease of persons who in the course of their employment are exposed to asbestos dust or related substances in the air. Until then she had no knowledge or information that deceased’s death, or the mesothelioma, was related to his employment. She filed her application for workers’ compensation death benefits with the Workers’ Compensation Appeals Board three months later,…