Workers' Compensation

Recent Posts

The Sticky Wicket That Is Home Health Care: Why It’s a Hotly Contested Issue in the Workers’ Compensation Arena
Posted on 19 Mar 2012 by Robin E. Kobayashi

An injured employee’s entitlement to home health care is oftentimes a hotly contested issue in the workers’ compensation arena. Home health care issues can vary in nature. For instance, at what point does the marital obligation cease and the... Read More

Iowa: Employer Not Responsible for Individualized Counseling for Injured Employee’s Spouse
Posted on 13 Feb 2015 by Larson's Spotlight

While the employer is required to furnish reasonable services and supplies to treat an injured employee, the plain language of the statute [Iowa Code § 85.27(4)] does not require the employer to pay for individualized counseling services for someone... Read More

New Hampshire: Home Health Services Provided by Worker’s Spouse Should Be Compensated
Posted on 25 Mar 2016 by Larson's Spotlight

Where a worker sustained serious injuries and, after a period of hospitalization, was discharged to his home and prescribed medication and follow-up care, which included home health services—physical and occupational therapy, a home health aide... Read More

Georgia: Meretricious Relationship Results in Disqualification of Death Benefits
Posted on 20 Oct 2017 by Thomas A. Robinson

Citing a 1990 decision of the Supreme Court of Georgia [ Williams v. Corbett , 260 Ga. 668, 398 SE2d 1 (1990)], as controlling, a state appellate court held that within the context of a workers’ compensation claim, a meretricious relationship works... Read More

Pennsylvania: Divorced Spouse May Attach Husband’s LHWCA Benefits to Collect Unpaid Alimony
Posted on 7 Nov 2014 by Larson's Spotlight

A Pennsylvania court has affirmed a trial court’s order that determined that an injured worker’s Longshore and Harbor Workers’ Compensation Act benefits could be attached to pay the worker’s alimony obligation. The ex-husband had... Read More

NC: Commission Erred in Refusing Retroactive Attendant Care Services Reimbursement to Spouse
Posted on 15 Nov 2013 by Larson's Spotlight

In a divided decision, the Supreme Court of North Carolina recently held that the state’s Industrial Commission may not bar family members from receiving compensation for attendant care services provided to an injured employee before obtaining approval... Read More

The Bangladesh Post: Spousal Benefits Less For illegals Per Delaware Death Statute
Posted on 22 Apr 2015 by Cassandra Roberts

It has been an exciting week for this blogger. On Tuesday a group of us (Matt Fogg, Julie Pezzner, Gary Baker, Susan Ament, Mike Owen and Andy Carmine) travelled to Washington, D.C. to observe a Supreme Court oral argument and spend a few cherished moments... Read More

Missouri: Court Takes Away a Subrogation Credit
Posted on 10 Apr 2015 by Martin Klug

The Commission went too far to resolve a subrogation dispute after a third party settlement and violated due process of the claimant’s spouse when she was not a party to the comp claim. Graham v. Latco Contractors , 2015 MO App. Lexis 379 (lexis... Read More

The Sticky Wicket That Is Home Health Care: Why It’s a Hotly Contested Issue in the Workers’ Compensation Arena
Posted on 19 Mar 2012 by Robin E. Kobayashi

An injured employee’s entitlement to home health care is oftentimes a hotly contested issue in the workers’ compensation arena. Home health care issues can vary in nature. For instance, at what point does the marital obligation cease and the... Read More