Missouri: Schoemehl Fix Doesn’t Stop Benefits for Surviving Spouses

The Supreme Court concludes an employer must keep paying comp benefits even after an injured worker dies from unrelated causes. Gervich v Condaire, No. SC 91727 (July 31, 2012), 2012 MO Lexis 162 . In June 26, 2008 the Missouri legislature limited the rights of a surviving spouse's compensation...

Partially Dependent Applicant Limited to 25K Death Benefit: Cal. Comp. Cases August Advanced Postings (8/15/2012)

Here’s the third batch of advanced postings for the August 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the case to read the complete headnotes and summary. © Copyright 2012 LexisNexis. All rights reserved. Devon Davis (Dec'd), Carol Davis, Bridgette Davis, as...

Larson’s Spotlight on Recent Cases: Estate Administrator May Not Sue Employer Over Employment-Related Fatal Shooting

Larson's Spotlight on Exclusive Remedy, Notice of Injury, Claimant's Testimony, and Death Benefits. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below...

Larson’s Spotlight on Recent Cases: Injured Worker Rebuts Intoxication Presumption

Larson's Spotlight on Intoxication Presumption, Heart Attack, Arising Out of Employment, and Death Benefits. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below...

18-Year Old Student Relying on Child Support Payments Qualified as Dependent: Cal. Comp. Cases February Advanced Postings (2/7/2013)

Here’s the second batch of advanced postings for the February 2013 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. M & E Construction Company, Petitioner v. Workers'...

California: Death Benefits for Minors

It’s always tragic when a work injury results in the death of an injured worker. But such a loss is made even more poignant when the worker leaves behind a family with small children. With the paycheck from the deceased injured worker now gone, the primary concern becomes who will provide for injured...

South Dakota: Fatal Shooting in Employer’s Parking Lot Held Not Compensable

The Supreme Court of South Dakota, affirming a decision by the state’s Department of Labor and Regulation, recently denied a death benefits claim filed by the personal representative of a woman shot and killed by her husband as she sat in her car in the employer’s parking lot during a regularly...

Missouri: Court Declines to Limit Remarriage Benefits

Missouri worker's compensation law allows a two-year lump-sum benefit to a surviving spouse who remarries. The Missouri Court of Appeals addressed whether a surviving spouse receives the full amount of the remarriage benefit if the surviving spouse was not entitled to 100% of the death benefits....

Missouri: Appeals Court Construes “Remarriage” Penalty for Death Benefits Claims

Indicating that the case was one of first impression, a Missouri appellate court recently held that the commutation of death benefits for a surviving spouse who remarries after the award is to be computed using the “plain language” of the statute, 287.240(4)(a) R.S. Mo. and accordingly is...

NY: No Apportionment of Death Benefits Where Death was Caused 80 percent by Unrelated Cancer

The Court of Appeals of New York recently affirmed a lower court’s decision that awarded full death benefits to an employee’s widow where expert medical evidence indicated that the employee’s death had been caused 80 percent by thyroid cancer and 20 percent by work-related asbestosis...

OK: Oklahoma Law Prohibiting Subrogation for Death Benefits Controls for Fatal Texas Accident

Under the provisions of 85 O.S.Supp.2005, § 44(b), applicable on the date the deceased worker, a resident of Oklahoma, was killed in a work-related accident while working in Texas, neither the employer nor the carrier had the right of subrogation to recover money paid for death claims or death benefits...

Vicodin Overdose, "Ogilboeuf", Same Sex Domestic Partner: Cal. Comp. Cases December Advanced Postings (12/22/2013)

Here’s the latest batch of advanced postings for the December 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2013 LexisNexis. All rights reserved. City of Foster City, The Cities...

New Jersey: Person in “Committed Relationship” With Deceased Worker Was Not His Surviving Spouse

In an unpublished decision, a New Jersey court held that notwithstanding the “committed relationship” that existed between the petitioner and the deceased employee, who sustained fatal injuries in a work-related accident, the petitioner could not receive benefits as the surviving spouse under...

Ohio: Survivors of Worker Who Lapsed Into Coma Shortly Before Death Entitled to Scheduled Benefits in Additional to Death Benefits

Continuing a line of controversial decisions in which the survivors of a deceased employee are allowed to recover not only statutory death benefits following the death of the employee from work-related injuries or occupational diseases, but also scheduled loss of use benefits because, just prior to his...

Mississippi: CPA Exec’s Heirs May Pursue Death Benefits in Spite of Exec’s Failure to Secure Coverage

In a split decision, the Court of Appeals of Mississippi held that the survivors of a business executive could pursue their claim for death benefits under the state’s Workers’ Compensation Act in spite of the fact that the deceased, the managing partner and president of a CPA firm, had considered...

Pennsylvania: Gun-Wielding Store Manager’s Death While Attempting to Stop Robber Found Compensable

A Pennsylvania appellate court, reversing a decision of the state’s Workers’ Compensation Appeals Board, has determined that a convenience store manager did not abandon his employment and was furthering the business affairs of his employer when he was severely injured—the injuries eventually...

Pennsylvania: “Widow” Did Not Establish Common Law Marriage by Exchange of Vows in Wyoming: No Surviving Spouse Death Benefits Could Be Recovered

A Pennsylvania appellate court recently affirmed a decision by the state’s Workers’ Compensation Appeal Board that had in turn had affirmed the denial of a petition seeking death benefits under § 307(3) of the state’s Workers’ Compensation Act. Claimant and the decedent were...

Pennsylvania: Court Agrees That Worker’s Death Was Suicide, Not Unexplained Accident

In an unpublished opinion, a Pennsylvania appellate court has affirmed a finding by the state’s Workers’ Compensation Appeal Board that found a worker’s death did not arise out of and in the course of the employment where shortly before decedent’s body was found in a water tank...

Alaska: Death Benefits Must Be Made Available to the Deceased Employee's Same-Sex Partner in Spite of Alaska's Marriage Amendment

The Supreme Court of Alaska has ruled that the state’s workers’ compensation death benefits statute, Alaska Stat. § 23.30.215 is unconstitutional to the extent that it bars a deceased worker's same-sex partner from recovering survivors benefits while allowing such benefits to a deceased...

New Jersey: State High Court Says Telecommuter's Death Was Not Causally Related to Her Work

The Supreme Court of New Jersey reversed an award of workers' compensation death benefits to the surviving spouse of an employee who died as a result of an embolism she suffered after working through the night on a work-related project at her home. The deceased employee, who had a telecommuting agreement...

Customer, Not Applicant, Deemed Initial Physical Aggressor Despite Lack of Physical Contact: Cal. Comp. Cases September Advanced Postings (9/11/2014)

Here are the second and third batches of advanced postings for September 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Hanover Insurance Group/Hanover...

Adult Children Can Receive Lifetime Death Benefits: Cal. Comp. Cases October Advanced Postings (10/1/2014)

Here’s the second batch of advanced postings for the October 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2014 LexisNexis. All rights reserved. Alameda County Fire Department...

North Carolina: Average Weekly Wage Computation Must Be Just to Both Parties

Construing a statutory provision that describes how an injured employee’s average weekly wage should be computed, a North Carolina appellate has affirmed a determination by the state’s Industrial Commission that based an award of death benefits on the wages the deceased employee earned during...

Illinois: Death Benefits Awarded for Exotic Medical Condition Contracted on Trip to Brazil

An Illinois appellate court has affirmed an award of death benefits to the widow of an executive who died after contracting Neisseria meningitides, apparently while on a business trip to Brazil. The appellate court noted that the parties had proferred conflicting medical evidence, but indicated it was...

Georgia: Dangerous Railway Crossing Works to Extend Employer’s Premises Beyond Leased Building

A Georgia appellate court held that a worker’s fatal injuries arose out of and in the course of his employment where the vehicle the worker was driving was struck by an oncoming train as the worker crossed railway tracks along a short access road used to gain access to the employer’s premises...