A widow in Maryland filed for death benefits after her husband died from an illness which was allegedly an occupational disease. Prior to his death he had received workers’ compensation benefits in the form of a settlement and a Medicare Set Aside annuity. Prior to receiving the settlement, he had signed a release that claimed his occupational disease claim was settled. A Maryland appellate court held that the widow’s claim was not barred by his signing of this release and she could pursue her death benefit claim.

Collins worked as a volunteer firefighter for the Huntingtown Volunteer Fire Department and filed a claim when he was 67, alleging that his heart disease and hypertension were an occupational disease. Huntingtown disputed this but settled with Collins when he signed an agreement for a lump sump payment, a Medicare Set Aside annuity and other miscellaneous payments. He signed a release with “broad language” that purported to settle claims that he, his personal representative, dependents, spouse and children had against the employer and their insurers. Collins, his attorney and representatives for the employer and insurers sign this agreement which was approved by the Commission. He died two years later from cardiac arrest, secondary to his heart disease and hypertension. His widow filed for death benefits and the Commission ruled that because of this release she could not claim benefits.

When she appealed the appellate court determined that there were two classes of compensation benefits – those that went to the worker and death benefits that belonged to dependents of the worker and would compensate them for their death. Though death benefits would come from an injury or illness suffered by the worker they were not derived from the injured workers’ claim to workers’ comp benefits.

The appellate court ruled that his claim for workers’ comp benefits and his wife’s claim for death benefits were separate and independent claims, so the dependent’s claim is not barred by his signing of a very broad release. His wife had not signed this release and was not a claimant in a case that had already been settled.