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adoption
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Thomas A. Robinson
over 2 years 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
over 2 years 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 2 years 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...
Richard M. Jacobsmeyer
over 7 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
California: Firefighter Presumption Extension Given Retroactive Effect
The 2nd District Court of Appeals has reversed a W.C.A.B. decision which had refused to apply the presumption of causation for cancer to a firefighter based on the amendment to Labor Code § 3212.1 which became effective after diagnosis but before...
Richard M. Jacobsmeyer
over 7 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
California Supreme Court Rules “Some Contribution” to Causation in Death Case Sufficient for Liability
The California Supreme Court has reversed a Court of Appeal decision which had in turn reversed a W.C.A.B. award of dependency benefits in South Coast Framing v. W.C.A.B. (Clark) .The Supreme Court decision reinstates the W.C.A.B. award of dependency...
Larson's Spotlight
over 6 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Tennessee: Death of Worker’s Widow Does Not Extinguish Stepson’s Right to Dependency Benefits
Where a widow sought workers’ compensation death benefits on behalf of herself and her son—the step-son of the deceased worker—and the widow died while the claim was still pending, the trial court erred when it granted the employer’s...
Julius Young
over 7 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
California: South Coast Framing
The recent California Supreme Court case, South Coast Framing Inc. v. WCAB (Jovelyn Clark) clarifies the standard of causation in a workers’ comp death case. In day to day workers’ comp practice the decision will probably be helpful to...
Larson's Spotlight
over 10 years ago
Workers' Compensation
Exclusive Remedy
Larson’s Spotlight on Recent Cases: Exclusive Remedy Rule Bars Student Worker’s Tort Action
Larson's Spotlight on Exclusive Remedy, Jurisdiction, Dependency Benefits, and Aggravation of Original Injury. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'...
Larson's Spotlight
over 10 years ago
Workers' Compensation
Workers' Compensation Law Blog
Larson’s Spotlight on Recent Cases: Exclusive Remedy Rule Bars Student Worker’s Tort Action
Larson's Spotlight on Exclusive Remedy, Jurisdiction, Dependency Benefits, and Aggravation of Original Injury. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'...