A surviving widow negotiated with the employer to obtain a lump sum settlement but the Commission refused to approve the settlement and asserted that the agreement was not in accordance with her rights because it was less than the present value of the... Read More
Where an employee sustained a serious work-related injury—a torn thoracic aorta—in February 2006, and died almost four years later, having signed a release as to all future claims against the employer for an agreed upon lump-sum payment, his... 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
The 1st Circuit Court of Appeals affirmed an award of death benefits under the Defense Base Act (DBA) to the widow of an employee who died in an auto accident in Tbilisi, Georgia, while traveling by taxi to shop for groceries. The employee worked for... Read More
The Supreme Court of North Dakota held the trial court properly granted a former employer’s summary judgment dismissing a widow’s wrongful death action against it because the facts alleged did not provide a genuine issue of material fact to... 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
The widow of a police officer who sustained fatal injuries when the officer was struck by a car as he and a volunteer were engaged in setting up and running a union-sponsored steak fry was entitled to death benefits under Ohio’s Workers’ Compensation... Read More
An employer attempted to withdraw a settlement proposal for a lump sum of a permanent total award when a worker with an unrelated stage 4 cancer died while the settlement contract was awaiting approval by the Commission. In its second visit to the court... Read More
In Texas, an employer that causes the death of an employee due to the employer’s gross negligence or intentional acts or omissions is subject to suit for exemplary damages brought by the surviving spouse or heirs of the deceased employee [see Tex... Read More
Featured Case of the Week: HR Manager’s Widow Denied Death Benefits © Copyright 2011 LexisNexis. All rights reserved. Kathleen Brezensky (Widow) and Chester Brezensky (Dec'd) , Petitioners v. Workers' Compensation Appeals Board... Read More