Five Recent Cases You Should Know About (5/3/2010)

Larson’s Spotlight on Illegal Aliens, Death Benefits, Collateral Source, Offset, and Termination. 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.

US: Fifth Circuit Affirms Benefits Under Longshore Act for Illegal Alien 

The Fifth Circuit has affirmed an award of benefits under the Longshore and Harbor Workers’ Compensation Act to an undocumented immigrant who sustained injuries in a fall while working as a pipefitter, noting that the employer had presented no evidence that the worker was “about to be deported or would surely be deported.” 

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 U.S. App. LEXIS 8409. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 66.03.

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NC: Firefighter Dies Running “Wind Sprints”; Death Benefits Claim Sustained

The Court of Appeals of North Carolina recently upheld a decision by the state’s Industrial Commission that had awarded death benefits to dependents of a 44-year-old firefighter who died after running wind sprints during a physical exercise period.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 N.C. App. 678. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 43.03.

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DE: High Court Says Trial Court Erred in Allowing Evidence of Plaintiff’s Receipt of Workers’ Compensation Benefits

The Supreme Court of Delaware recently reversed a trial court decision that had allowed the defendant in a personal injury action for underinsured motorist benefits to mention various workers’ compensation benefits that had been received by one of the plaintiffs following his work-related automobile accident, noting the defendant had contributed nothing to the fund that had created the collateral source.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Del. LEXIS 184. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 110.02.

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FL: Worker Need Not Turn Over Personal Financial Records in Case Involving Alleged Miscalculation of Social Security Disability Offset

A Florida appellate court reversed an order entered by a judge of compensation claims that had ordered an employee to provide detailed financial records where an employer was attempting to recoup perceived overpayments based on an allegedly miscalculated Social Security Disability offset, finding that the issues related to the recoupment were established by statute; the presence or absence of equitable considerations, such as those argued by the employer, had no effect on the parties’ substantive rights.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Fla. App. LEXIS 5544. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 157.03.

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IA: Court Affirms That Termination Was Related to “Excessive Absenteeism,” Not Filing of Workers’ Comp Claim

An Iowa appellate court recently affirmed summary judgment in favor of a former employer who fired an injured worker for excessive absenteeism, noting that in Iowa an employee with excessive absences can be terminated, even if the absences are caused by a work-related injury.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Iowa App. LEXIS 311. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 104.07.

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Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

 Offer good thru June 2010.