LexisNexis® Legal Newsroom
Missouri: Court Affirms Death Benefits for Hep C Exposure

Can a hospital worker recover benefits for hepatitis C without showing the disease was present in the hospital where he worked? Smith v Capital Region Medical Center , 2014 Mo. App. Lexis 1453 (lexis.com), 2014 Mo. App. Lexis 1453 (Lexis Advance) (December 23, 2014) affirmed an award of death benefits...

California: Top 25 Noteworthy Panel Decisions (July–December 2014)

LexisNexis has picked the top “noteworthy” panel decisions issued by the California Workers’ Compensation Appeals Board during the period July through December 2014. You’ll find many helpful cases in this list, including a recent decision on reasonable attorney’s fees ,...

Maine: Widow Awarded Death Benefits for Husband’s Death on Home Treadmill

Maine’s Supreme Judicial Court has affirmed an award of workers’ compensation death benefits to the widow of a national charity’s financial advisor who died of a heart attack while exercising on a treadmill at his home. Utilizing the presumption found in 39-A M.R.S. § 327, which...

Virginia: Court Affirms Denial of Unwitnessed Death Claim

Continuing its stance within the minority of states that refuse to provide a presumption of compensability in cases in which a worker suffers fatal injuries in an unwitnessed accident, a Virginia court has affirmed the denial of death benefits to the estate of a worker who died from injuries caused by...

Wisconsin: Average Weekly Wage for 17-Year-Old Killed in Work-Related Injury Should Be Based on Probable Earnings Had He Reached Age of 27

Death benefits to be paid following the work-related death of a 17-year-old farm worker should be calculated using the presumption provided for in Wis. Stat. § 102.11(1)(g), held a Wisconsin court. That statute provides that where the employee is under 27 years of age at the time of death, his or...

Kentucky: Injured Employee’s Settlement Does Not Bind Widow’s Subsequent Death Benefits Claim

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 widow was not precluded from seeking death benefits...

Pennsylvania: Exchange of Traditional, Native-American Vows Creates Common-Law Marriage

Evidence that, inter alia , a Native-American couple gathered outdoors with family and friends, had a ceremonial blanket placed upon their shoulders, and exchanged traditional vows and gifts in the manner of their cultural heritage was sufficient to establish a common-law marriage, held a Pennsylvania...

The Bangladesh Post: Spousal Benefits Less For illegals Per Delaware Death Statute

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 in the chambers of Justice Ruth Bader Ginsberg...

California Supreme Court Rules “Some Contribution” to Causation in Death Case Sufficient for Liability

The California Supreme Court has reversed a Court of Appeal decision which had in turn reversed a W.C.A.B. award of dependency benefits in South Coast Framing v. W.C.A.B. (Clark) .The Supreme Court decision reinstates the W.C.A.B. award of dependency benefits and explicitly rejected the Court of Appeals...

California: South Coast Framing

The recent California Supreme Court case, South Coast Framing Inc. v. WCAB (Jovelyn Clark) clarifies the standard of causation in a workers’ comp death case. In day to day workers’ comp practice the decision will probably be helpful to workers’ comp claimants who are litigating to...

Federal: Employee’s Death in Taxi Accident While He Shopped for Groceries Found Compensable Under Defense Base Act

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 a subcontractor working for the U.S. Department of...

California Workers’ Comp Case Roundup (8/6/2015)

CALIFORNIA COMPENSATION CASES Vol. 80 No. 7 July 2015 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2015 LexisNexis. All rights...

Iowa: Occasional Work at Home Does Not Create Dual Employment Premises

In a case of first impression in Iowa, a state appellate court held that catching up on occasional work at home or completing tasks at home that could be completed at the employer’s premises is an insufficient basis to find that an employee had dual employment premises. Accordingly where a mental...

Ohio: Police Officer’s Fatal Injuries Preparing for Union-Sponsored Steak Fry Found Compensable

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 Act, held a state appellate court. At...

California Workers’ Compensation: 2015 Year in Review

By Julius Young, Esq., Richard M. Jacobsmeyer, Esq., Barry D. Bloom, Co-Editors-in-Chief, Herlick, California Workers' Compensation Handbook This 2016 edition is the 35th edition of Herlick, California Workers’ Comp Handbook (hereinafter “Herlick”). The latest Herlick Handbook...

Colorado: In Spite of Credit Allowed Employer Related to Out-of-State Death Benefits Paid, Interest Was Owed on Balance of Benefits Due

Where a worker was killed in a work-related accident on the second day after he assumed a new position in Colorado—he had previously worked for the employer in Mississippi—and his survivors were paid death benefits under the Mississippi Act for 148 weeks, after which the employer began to...

Decedent Entitled to Pursue Injuries to Body Parts Not Covered in Compromise and Release: Cal. Comp. Cases February Advanced Postings (2/3/2016)

Here’s another batch of advanced postings for the February 2016 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved. Johns Mansville, self insured...

Connecticut: Death Benefits Claim Filed 55 Weeks After Date of Death Was Timely

Where a Connecticut claimant timely filed a claim for disability benefits resulting from his exposure to various toxins during the course of his employment and where he subsequently died five years after the original diagnosis as a result of his condition, a claim for survivors’ benefits filed...

California Workers' Compensation Case Roundup (3/4/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 2 February 2016 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2016 LexisNexis. All rights...

Tennessee: Death of Worker’s Widow Does Not Extinguish Stepson’s Right to Dependency Benefits

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 motion for summary judgment and held that neither...

Texas: Police Sergeant’s Widow May Not Recover Wrongful Death Benefits Against Police Department

A widow’s civil action to recover damages from the Houston Police Department related to an incident in which her husband, a police sergeant, was killed in the line of duty by a man who was present in this country illegally, and who was subsequently convicted of the police sergeant’s murder...

Missouri: Commission Caps Fees in an Undisputed Death Case

The Commission capped attorney’s fees on a death case and found a contract for a 25% contingency fee was not fair and reasonable. Bynum, dec. v Bynum et al, 2016 MO WCLR Lexis 29 (May 3 2016) (Lexis Advance), 2016 MO WCLR Lexis 29 (May 3 2016) (lexis.com) involved a claimant who had a severe...

Arkansas: Car-pooling With Co-Employee Does Not Bring Commute Within Course and Scope of Employment

Substantial evidence did not support an award of workers’ compensation death benefits to an employee’s minor child where the employee was fatally injured in a car accident while carpooling home, held an Arkansas appellate court. The Court reasoned that while it was certainly true that the...

Maryland: PTD Benefits Survive Death Due to Unrelated Causes Only to Extent of Statutory Cap

The Court of Appeals of Maryland held that when the state’s Commission finds a claimant permanently totally disabled, Md. Code Ann. Lab. & Empl. § 9–640 governs the survival of benefits whether the claimant’s PTD is due solely to accidental injury or to a combination of accidental...

Arkansas: Termination of Parental Rights After Compensable Injury Does Not Affect Dependency Rights of Minor Children

A divided Court of Appeals of Arkansas held that the clear language of Ark. Code Ann. § 11–9–527 did not allow for termination of a minor child’s survivor benefits upon termination of the employee’s parental rights or adoption. Six years before his death, the deceased employee...