LexisNexis® Legal Newsroom
MO: Spouse Awarded Lifetime Benefits for PTD Claimant

A recent court of appeals case affirming a PTD award addressed two important issues: the impact of an application for unemployment benefits on TTD benefits and when a dependent spouse in a PTD case before 2008 may receive benefits even if a claimant dies from unrelated causes. Claimant underwent...

Oregon: Where No Surviving Spouse or Dependent, Estate May Not Recover Benefits Claimant Would Have Been Entitled to Receive

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 died...

Georgia: Exclusive Remedy Bars Wrongful Death Action by Non-Dependent Heir in Spite of Statute’s Refusal to Allow Payment of Comp Benefits

The Supreme Court of Georgia affirmed a trial court’s order granting summary judgment to an employer in a wrongful death action filed by the mother of a deceased employee, agreeing that the exclusive remedy provisions of the Georgia Workers’ Compensation Act barred the civil action. That...