Labeling an estate’s constitutional challenge to the state’s exclusive remedy defense as forum shopping, the Supreme Court of Arkansas entered an order prohibiting a state circuit court from continuing to exercise jurisdiction in a civil action... Read More

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... Read More

The case involves a fight between a worker's father and the worker's spouse over nearly $100,000. Ard, dec. v Jim Plunkett Inc. 2015 MO WCLR Lexis 101 (lexis.com), 2015 MO WCLR Lexis 101 (Lexis Advance) (Oct 22, 2015). The worker broke multiple... Read More

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... Read More

Reversing the state’s Court of Appeals, the Supreme Court of Oregon held an estate was authorized to pursue a request for hearing seeking an award of PPD benefits that claimant filed before his death, in spite of the fact that the cause of his death... Read More

Under the provisions of by Ala. Code § 25-5-56, the trial court must approve any agreement compromising an injured worker’s benefits in order to be enforceable. Under that rule, an Alabama appellate court affirmed a finding that a settlement... Read More