MO: Spouse Awarded Lifetime Benefits for PTD Claimant

A recent court of appeals case affirming a PTD award addressed two important issues: the impact of an application for unemployment benefits on TTD benefits and when a dependent spouse in a PTD case before 2008 may receive benefits even if a claimant dies from unrelated causes. Claimant underwent...

MO: Court of Appeals Expands Survivor Benefits

More surviving spouses can now recover benefits for life under a recent Missouri court of appeals case. In Gervich v Condaire , ED 94726 (Mo. App. 2011), decided 3-8-11, the court of appeals found a surviving spouse could recover life-time benefits even if a PTD claimant died after the legislature in...

Five Recent Workers’ Comp Cases You Should Know About (10/14/2011) – Hospice Nurse Distracted by Cell Phone Receives Compensation Benefits From Auto Crash

Larson's Spotlight on Cell Phone, Coal Dust, Neck Injury, Disqualification to Benefits, and Surviving Spouse Entitlement to 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...

Five Recent Workers’ Comp Cases You Should Know About (10/14/2011) – Hospice Nurse Distracted by Cell Phone Receives Compensation Benefits From Auto Crash

Larson's Spotlight on Cell Phone, Coal Dust, Neck Injury, Disqualification to Benefits, and Surviving Spouse Entitlement to 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...

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...

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...

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...

Oregon: Where No Surviving Spouse or Dependent, Estate May Not Recover Benefits Claimant Would Have Been Entitled to Receive

An estate is not a “person” entitled to pursue a claim under ORS 656.218(3), held a divided Court of Appeals of Oregon. Accordingly, where the state’s Workers’ Compensation Board upheld an insurer’s denial of a claim and, while the matter was on appeal, the claimant died...

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...

Texas: State Supreme Court Answers Complex Question as to Credit Allowed to Carrier in Third Party Action with Multiple Beneficiaries

Under Texas law, consistent with that in the large majority of states, a workers’ compensation carrier has a subrogation interest in a third-party civil action to the extent of its prior payments for benefits and to treat the amount recovered as an advance against the carrier’s future payment...

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...