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The presumption contained in N. Y. Workers' Comp. § 21(a) was insufficient to support an award of death benefits to a widow whose husband suffered an injury by accident in 2004, was awarded PPD in 2007, and who died in 2016, where the only medical...

Where an injured worker died from complications following surgery to treat a medical condition that was tied to a work-related injury that had occurred ten years earlier, his widow was entitled to statutory income benefits under Ky. Rev. Stat. §...

An airline pilot's "deviation" ceased when he and a colleague stopped drinking and retired to the colleague's hotel room--the pilot was so inebriated that he could not find his own hotel--held a Colorado appellate court. Accordingly...

A New York appellate court affirmed an award of death benefits to the widow of a workers who committed suicide some two years after he suffered a debilitating work-related injury to the head. The appellate court stressed that it was the Board's duty...

Stressing that a person who is not a party to a contract is not bound by its terms, a Maryland appellate court held that a widow was not bound by a settlement agreement signed by her husband that purported to release not only the husband's rights...

The Supreme Court of Mississippi, in a divided decision, reversed a similarly divided decision by the state's Court of Appeals, and held that where a father's parental rights had been terminated through a properly administered adoption proceeding...

The Supreme Court of South Dakota affirmed an award of death benefits to the surviving spouse of a municipal employee who died in a work-related trench collapse and criticized the state's Department of Labor for coming "perilously close to the...

The Supreme Court of South Carolina held a deceased employee’s girlfriend — early in the litigation, she had contended she was his common law wife — could not recover workers’ compensation death benefits because she had failed...

The Supreme Court of Appeals of West Virginia, in a memorandum decision, affirmed a decision of the state’s Workers’ Compensation Board of Review that denied dependent’s benefits and fatal dependent’s benefits to the daughter of...

An appellate court in Massachusetts affirmed a determination by the Massachusetts Industrial Accident Reviewing Board that denied death benefits to the family of a business owner who sustained fatal injuries in an automobile accident as he traveled to...

Citing Larson’s Workers’ Compensation Law , and stressing that a surviving spouse’s death benefits claim is not derivative of the injured worker’s claim, a Maryland appellate court found that a settlement agreement and full release...

Construing the special exception to the Texas version of the exclusive remedy rule—that the survivors of an employee may maintain a wrongful death action against the employer if the employee's death was caused by an intentional act or omission...

In a deeply divided (5-4) decision, a Mississippi appellate court held that a deceased employee’s workers’ compensation death benefits could be subject to a lien for unpaid child support in spite of the fact that, prior to the employee’s...

Larson's Spotlight on Statute of Limitations, Structured Settlements, Special Errand, Unexplained Fall, and LHWCA Maximum Weekly Rate. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer...

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...