LexisNexis® Legal Newsroom
MO: Court of Appeals Expands Survivor Benefits

More surviving spouses can now recover benefits for life under a recent Missouri court of appeals case. In Gervich v Condaire , ED 94726 (Mo. App. 2011), decided 3-8-11, the court of appeals found a surviving spouse could recover life-time benefits even if a PTD claimant died after the legislature in...

Missouri: Children of deceased worker awarded lifetime Schoemehl 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 provides the loss of benefits by...

Alaska: Death Benefits Must Be Made Available to the Deceased Employee's Same-Sex Partner in Spite of Alaska's Marriage Amendment

The Supreme Court of Alaska has ruled that the state’s workers’ compensation death benefits statute, Alaska Stat. § 23.30.215 is unconstitutional to the extent that it bars a deceased worker's same-sex partner from recovering survivors benefits while allowing such benefits to a deceased...

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...

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...