Workers' Compensation

Recent Posts

New York: Death Benefits Awarded in Spite of Worker's Suicide
Posted on 27 Aug 2020 by Thomas A. Robinson

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... Read More

Maryland: Husband's Settlement Release Does Not Bar Non-Signing Spouse From Death Benefits
Posted on 27 Jun 2020 by Thomas A. Robinson

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... Read More

Mississippi: Unpaid Child Support Lien Does Not Attach to Death Benefits Where Deceased "Father" Gave Up Parental Rights
Posted on 27 Jun 2020 by Thomas A. Robinson

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... Read More

South Dakota: Death Benefits Awarded Following Fatal Trench Collapse
Posted on 24 Apr 2020 by Thomas A. Robinson

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... Read More

South Carolina: No Death Benefits Where Girlfriend Fails to Show Adequate Reliance Upon Deceased Employee
Posted on 28 Mar 2020 by Thomas A. Robinson

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... Read More

West Virginia: Adult Daughter’s Dependency Claim Fails Due to Absence of Proof as to Support
Posted on 23 Sep 2019 by Thomas A. Robinson

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... Read More

Massachusetts: Business Owner’s Fatal Auto Accident Did not Arise Out of Employment
Posted on 31 Aug 2019 by Thomas A. Robinson

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... Read More

Maryland: Employee’s Broad Release Does Not Bar Subsequent Death Benefits Claim by Surviving Spouse
Posted on 27 Aug 2019 by Thomas A. Robinson

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... Read More

Texas: Family of Deceased Worker Fails to Maintain Gross Negligence Action Against Employer
Posted on 17 Jul 2019 by Thomas A. Robinson

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... Read More

Mississippi: Death Benefits May Be Subjected to Lien for Unpaid Child Support
Posted on 26 Apr 2019 by Thomas A. Robinson

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... Read More

Larson’s Spotlight on Recent Cases: Injured Worker Rebuts Intoxication Presumption
Posted on 29 Oct 2012 by Larson's Spotlight

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'... Read More

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
Posted on 23 Nov 2011 by Larson's Spotlight

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... Read More

Missouri: Noxious Smoke and Fumes at Work Caused Myelomas
Posted on 22 Mar 2012 by Martin Klug

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... Read More

The Defense of Intentional Self-Injury: Russian Roulette, Workplace Frustration, Accidental Drug Overdose, and More
Posted on 2 Mar 2012 by Larson's Spotlight

Rashness Versus Intention in Self-Injury Cases In a few cases, attempts have been made to invoke the intentional self-injury defense when, although the workers obviously did not really intend to harm themselves, their conduct was so rash that the defendants... Read More

Missouri: Hair Dresser Killed at Salon Receives No Benefits
Posted on 21 Mar 2012 by Martin Klug

Claimant worked at a Kansas City, Missouri hair salon and cut hair. He was at home with his two small children in April 2009 when another hair dresser asked him to cover his appointments. When he arrived at the salon, an unknown robber shot him in the... Read More