LexisNexis® Legal Newsroom
The Sticky Wicket That Is Home Health Care: Why It’s a Hotly Contested Issue in the Workers’ Compensation Arena

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 paid nursing services begin? Another issue in these...

NC: Commission Erred in Refusing Retroactive Attendant Care Services Reimbursement to Spouse

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 for those services from the Commission pursuant...

Pennsylvania: Divorced Spouse May Attach Husband’s LHWCA Benefits to Collect Unpaid Alimony

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 argued that there was no exception to the LHWCA’s...

Iowa: Employer Not Responsible for Individualized Counseling for Injured Employee’s Spouse

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 other than the injured employee even where such...

Missouri: Court Takes Away a Subrogation Credit

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.com), 2015 MO App. Lexis 379 (Lexis Advance) (April...

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...

New Hampshire: Home Health Services Provided by Worker’s Spouse Should Be Compensated

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, and nursing services—it was reasonable to reimburse...