A Pennsylvania appellate court recently affirmed a decision by the state’s Workers’ Compensation Appeal Board that had in turn had affirmed the denial of a petition seeking death benefits under § 307(3) of the state’s Workers’ Compensation...
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, while the matter was on appeal, the claimant...
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 of appeals...
In an unpublished decision, a New Jersey court held that notwithstanding the “committed relationship” that existed between the petitioner and the deceased employee, who sustained fatal injuries in a work-related accident, the petitioner could not receive benefits...
The big fight recently in Missouri is when a surviving spouse or dependent children can still receive comp benefits after a claimant dies from unrelated causes. The worker's comp statute provides survivor benefits when the death is work-related, and the statute...
Indicating that the case was one of first impression, a Missouri appellate court recently held that the commutation of death benefits for a surviving spouse who remarries after the award is to be computed using the “plain language” of the statute, 287...