In November 2007, Eric Watson (decedent) injured his right leg in a work-related accident. Watson submitted a claim for workers' compensation benefits for the injury and in March 2012 a Workers' Compensation Law Judge (WCLJ) classified Watson with a non-schedule permanent partial disability and a 51% loss of wage-earning capacity. This entitled Watson to capped weekly wage-loss benefits for up to 350 weeks. Watson received such benefits until 2018 when he passed away from causes not related to his work injury. This was the beginning of a potentially industry-altering workers' compensation case.

Upon his death, Watson's counsel requested that his surviving child (the claimant) receive the remaining balance of weeks left on Watson's permanent partial disability award. Counsel referred to Workers Compensation Law (WCL) §15(4), which states that where an injured worker dies from causes unrelated to the underlying work injury, "[a]n award made to a claimant under subdivision three shall in case of death arising from causes other than the injury be payable to and for the benefit of …" persons such as a surviving child under the age of eighteen years. Counsel asserted that WCL §15(4) applies not only to schedule loss of use awards, but to any and all awards made subject to WCL §15(3), i.e., both non-schedule permanent partial disability awards and schedule loss of use awards.