Missouri: Noxious Smoke and Fumes at Work Caused Myelomas

Noxious fumes and yellow smoke caused claimant's non-Hodgkin's lymphoma (multiple myelomas) and made him unemployable, according to a new decision from the Court of Appeals, which affirmed an award of PTD benefits. The award included safety penalties and past medical benefits for over $734...

Workers' Comp Fraud Blotter (4/19/2012) – Former Missouri Governor Pleads Guilty to Laundering Campaign Contributions

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud Blotter...

Larson’s Spotlight on Recent Cases: Non-Dependent Spouse Precluded From Death Benefits and Barred From Bringing Death Claim

Larson's Spotlight on Non-Dependent Spouse and Death Benefits, Fraud and Surveillance Video, Tort Action Against Sole Proprietor, and Statute of Limitations for PTSD Claim. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's...

California: 26 Noteworthy Panel Decisions You Should Know About (January-June 2012)

Here are the publisher's picks for the top noteworthy panel decisions recently reported in the LexisNexis services. The list is based upon feedback from our consultants about current topics and issues that are of interest to the entire workers’ compensation community. Lexis.com subscribers...

No Evidence That Applicant’s Skin Cancer Was Insidious Disease Process: Cal. Comp. Cases June Advanced Postings (6/20/12)

Here’s the fourth batch of advanced postings for the June 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Stephen J. Seavello , Petitioner v. Workers' Compensation...

Larson’s Spotlight on Recent Cases: Survivors of Deceased Employee Allowed to Bring Tort Action Against Uninsured Employer

Larson's Spotlight on Tort Action Against Uninsured Employer, Illegal Aliens, Benefits for Old Workers, and Non-Dependent Spouse. 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...

Louisiana Workers’ Compensation Law Changes 2012

By Denis Paul Juge, Esq., Juge, Napolitano, Guilbeau, Ruli, Frieman & Whiteley, djuge@wcdefense.com The following is a summary of the 2012 legislative amendments to the Louisiana Workers’ Compensation Act. The major law changes were at the urging of the business community. The OWC also sponsored...

Louisiana Workers’ Compensation Law Changes 2012

By Denis Paul Juge, Esq., Juge, Napolitano, Guilbeau, Ruli, Frieman & Whiteley, djuge@wcdefense.com The following is a summary of the 2012 legislative amendments to the Louisiana Workers’ Compensation Act. The major law changes were at the urging of the business community. The OWC also sponsored...

Workers' Comp Fraud Blotter (6/28/2012) – Comment By Dad Leads To Painter’s Conviction For Double Dipping

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud Blotter...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (7/2/2012)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL: IAIABC Drafts Model Legislation on Opioid Use . US DOL Posts Statement on OSHA Voluntary Protection Program...

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...

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...