dissenting:
I respectfully dissent. Appellants contested Walter Stone’s workers’ compensation award for over two years after his unfortunate death, never once raising S.C.Code Ann. § 42-9-280 (1985) as a bar to the recovery of benefits. In my view, when a workers’ compensation claimant dies while his claim is being appealed, an employer may not, after final judgment in the appeal, assert § 42-9-280 in an effort to avoid paying any benefits.
Accordingly, I would affirm the circuit court and find that Respondent is entitled to receive the full amount of Walter Stone’s compensation award.