Claborn v. DRYWALL

**Worker's Widow Loses Fight for Higher Death Benefits** This case involved a widow who was fighting to receive higher workers' compensation death benefits after her husband died from a workplace injury. Her husband was originally injured on the job in 1991 while working for Gale Drywall, but he didn't die until 2010. During that time, Oklahoma changed its workers' compensation laws in 2005 to provide more generous death benefits for surviving spouses. The widow argued that she should receive the higher death benefits available under the 2005 law since her husband died in 2010. However, the court disagreed and ruled against her. The court decided that she could only receive death benefits based on the law that was in effect when her husband was originally injured in 1991, not the law in effect when he died. **What this means for workers:** When you're injured at work, the workers' compensation benefits you and your family are entitled to are typically "locked in" based on the laws in effect at the time of your injury, even if those laws later change for the better. This case shows that even if a worker dies years later from their original workplace injury, families cannot automatically claim benefits under newer, more generous laws.