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Thomas A. Robinson
3 months ago
Workers' Compensation
Recent Cases, News, Trends & Developments
New York: Widow Fails to Connect Husband's 2016 Death to 2004 Work Injury
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...
Thomas A. Robinson
3 months ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Kentucky: Death Following Surgery is Compensable in Spite of Passage of 10 Years
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. §...
Thomas A. Robinson
4 months ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Colorado: Death Benefits Awarded in Spite of Traveling Employee's Intoxication
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...
Thomas A. Robinson
5 months ago
Workers' Compensation
Recent Cases, News, Trends & Developments
New York: Death Benefits Awarded in Spite of Worker's Suicide
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...
Thomas A. Robinson
7 months ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Maryland: Husband's Settlement Release Does Not Bar Non-Signing Spouse From Death Benefits
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...
Thomas A. Robinson
7 months ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Mississippi: Unpaid Child Support Lien Does Not Attach to Death Benefits Where Deceased "Father" Gave Up Parental 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...
Thomas A. Robinson
9 months ago
Workers' Compensation
Recent Cases, News, Trends & Developments
South Dakota: Death Benefits Awarded Following Fatal Trench Collapse
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...
Thomas A. Robinson
10 months ago
Workers' Compensation
Recent Cases, News, Trends & Developments
South Carolina: No Death Benefits Where Girlfriend Fails to Show Adequate Reliance Upon Deceased Employee
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...
Thomas A. Robinson
over 1 year ago
Workers' Compensation
Recent Cases, News, Trends & Developments
West Virginia: Adult Daughter’s Dependency Claim Fails Due to Absence of Proof as to Support
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...
Thomas A. Robinson
over 1 year ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Massachusetts: Business Owner’s Fatal Auto Accident Did not Arise Out of Employment
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...
Thomas A. Robinson
over 1 year ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Maryland: Employee’s Broad Release Does Not Bar Subsequent Death Benefits Claim by Surviving Spouse
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...
Thomas A. Robinson
over 1 year ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Texas: Family of Deceased Worker Fails to Maintain Gross Negligence Action Against Employer
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...
Thomas A. Robinson
over 1 year ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Mississippi: Death Benefits May Be Subjected to Lien for Unpaid Child Support
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
over 9 years ago
Workers' Compensation
Causation & AOE-COE Issues
Five Recent Workers’ Comp Cases You Should Know About (11/25/2011) – Climbing Over Guardrail and Jumping or Falling 60 Feet Was Not Within Course of Employment
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...
Martin Klug
over 8 years ago
Workers' Compensation
Causation & AOE-COE Issues
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...
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