Workers' Compensation

Recent Posts

Arkansas: High Court Pushes Exclusive Remedy Issue Back to Commission
Posted on 27 Feb 2015 by Larson's Spotlight

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

Oregon: Where No Surviving Spouse or Dependent, Estate May Not Recover Benefits Claimant Would Have Been Entitled to Receive
Posted on 9 May 2014 by Larson's Spotlight

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

Missouri: Wife Loses Dependency Benefits Due to Bigamy Defense
Posted on 28 Oct 2015 by Martin Klug

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 (, 2015 MO WCLR Lexis 101 (Lexis Advance) (Oct 22, 2015). The worker broke multiple... Read More

Tennessee: Death of Worker’s Widow Does Not Extinguish Stepson’s Right to Dependency Benefits
Posted on 1 Apr 2016 by Larson's Spotlight

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

Oregon: Claimant’s Estate May Pursue PPD Claim Filed Prior to Claimant’s Death
Posted on 17 Apr 2015 by Larson's Spotlight

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

Alabama: Settlement Agreement Signed by Parties, But Not Approved by Trial Court, Dies Along With Claimant
Posted on 2 Jul 2015 by Larson's Spotlight

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