A surviving spouse was not entitled to receive workers’ compensation death benefits where evidence established that she left the family home several years prior to the deceased employee’s death, rarely...
NC: Surviving Spouse Loses Claim for Death Benefits Since She Neither Lived With Nor Was Dependent Upon Worker at Time of His Death NC: Surviving Spouse Loses Claim for Death Benefits Since She Neither Lived With Nor Was Dependent Upon Worker at Time of His DeathVirtually all workers’ compensation acts impose a penalty for late payment of benefits. For example, D.C. Code § 32–1515(f) provides for a 20 percent penalty if any compensation is not...
Under DC Comp Act, Emailing Order to Employer Does Not Start 10-Day Period for Payment Without Penalty Under DC Comp Act, Emailing Order to Employer Does Not Start 10-Day Period for Payment Without PenaltyThe lack of a salary associated with typical employment does not necessarily prevent an average monthly wage calculation for a self-employed injured Nevada worker, held the state’s Supreme Court last...
Average Wage Calculation Must Be Computed For Nevada Self-Employed FedEx Driver Average Wage Calculation Must Be Computed For Nevada Self-Employed FedEx DriverIn a dispute involving the dissolution of a law partnership and the rights of two attorneys in attorneys’ fees resulting from the settlement of workers’ compensation cases, Georgia’s Board of...
Georgia Comp Board Won’t Resolve Fee Dispute Between Attorneys Dissolving Their Firm Georgia Comp Board Won’t Resolve Fee Dispute Between Attorneys Dissolving Their FirmWhere an employee (“Bates”) assaulted a co-employee (“McDaniel”) after Bates performed an Internet search and discovered that McDaniel was a registered sex offender, the assault did not arise out of...
Assault by Nebraska Employee Against Sex Offender Co-Employee Did Not Arise from the Employment Assault by Nebraska Employee Against Sex Offender Co-Employee Did Not Arise from the EmploymentA New York appellate court has refused to vacate a portion of a county court’s judgment that, following a defendant’s guilty plea to fraudulent practices (N.Y. Workers’ Comp. Law §...
NY Cage Dancer Forfeits Right to Future Comp Benefits NY Cage Dancer Forfeits Right to Future Comp BenefitsWith the divorce rate for U.S. marriages hovering at almost 50 percent, courts and legislatures are called upon to weigh two conflicting rules related to workers’ compensation benefits when it...
How One State Bucked Trend of Allowing Former Spouse to Access Post-Divorce Workers’ Comp Benefits How One State Bucked Trend of Allowing Former Spouse to Access Post-Divorce Workers’ Comp BenefitsIn Rodriguez v. Brand West Dairy, 2015 N.M. App. LEXIS 69 (June 22, 2015), a divided Court of Appeals of New Mexico recently held that the exclusion of coverage afforded...
New Mexico Court Finds State’s “Farm and Ranch Laborer” Exclusion Unconstitutional New Mexico Court Finds State’s “Farm and Ranch Laborer” Exclusion UnconstitutionalEarlier today (June 24th), Florida’s Third District Court of Appeal reversed and completely repudiated the decision of Judge Jorge E. Cueto, Circuit Court for Miami-Dade County, that had, on August 19,...
Florida Appellate Court Throws Out Judge Cueto’s “Padgett” Decision on Procedural Grounds Florida Appellate Court Throws Out Judge Cueto’s “Padgett” Decision on Procedural GroundsIn Hranicka v. Chesapeake Surgical, Ltd., 2015 Md. LEXIS 413 (June 18, 2015), the Court of Appeals of Maryland held that an employee’s claim was time-barred under Md. Code Ann.,...
Maryland: Electronic Submission of Claim Does Not Toll Statute of Limitations Maryland: Electronic Submission of Claim Does Not Toll Statute of LimitationsEarlier today, the Supreme Court of Colorado, affirming a split decision of the state’s Court of Appeals, held that under the plain language of Colo. Rev. Stat. § 24–34–402.5, Colorado’s...
Colorado High Court Ok’s Firing of Worker For State-Authorized Use of Medical Marijuana Colorado High Court Ok’s Firing of Worker For State-Authorized Use of Medical MarijuanaAn commissioner’s award of permanent total disability benefits to an HVAC employee who claimed he suffered an electric shock while servicing a unit at a customer’s residence was supported by...
Iowa Court Affirms Rejection of “Uncontradicted” Expert Testimony Iowa Court Affirms Rejection of “Uncontradicted” Expert Testimony