Tag: death benefits

Oct 18, 2022

Extension of Statute of Limitations in Ohio R. C. 4123.28 Does Not Apply to Death Claims

In a divided opinion, an Ohio appellate court affirmed a decision of a state trial court that granted summary judgment to an employer in a death benefits case that had...

Extension of Statute of Limitations in Ohio R. C. 4123.28 Does Not Apply to Death Claims Extension of Statute of Limitations in Ohio R. C. 4123.28 Does Not Apply to Death Claims
Jul 20, 2022

No Recovery for FL Mother Whose 16-Year-Old Son Died on First Day of Work

A Florida appellate court affirmed the denial of death benefits to a mother whose 16-year-old son was killed in a tragic drowning accident on the first day of his part-time...

No Recovery for FL Mother Whose 16-Year-Old Son Died on First Day of Work No Recovery for FL Mother Whose 16-Year-Old Son Died on First Day of Work
Dec 9, 2021

For Limitations Purposes, a NC Death Claim Cannot Piggy-Back Onto Deceased Employee’s Original Filing

A divided panel of the North Carolina Court of Appeals recently affirmed a decision by the state’s Industrial Commission that had found it lacked jurisdiction to hear a widow’s death...

For Limitations Purposes, a NC Death Claim Cannot Piggy-Back Onto Deceased Employee’s Original Filing For Limitations Purposes, a NC Death Claim Cannot Piggy-Back Onto Deceased Employee’s Original Filing
Nov 11, 2021

Alaska Supreme Court Says Estate’s Wrongful Death Action is Barred by Exclusivity Even When Comp Benefits are Limited to Burial Expenses

Addressing a difficult factual pattern for the second time, the Supreme Court of Alaska affirmed a trial court’s decision that had granted summary judgment in favor of a general contractor...

Alaska Supreme Court Says Estate’s Wrongful Death Action is Barred by Exclusivity Even When Comp Benefits are Limited to Burial Expenses Alaska Supreme Court Says Estate’s Wrongful Death Action is Barred by Exclusivity Even When Comp Benefits are Limited to Burial Expenses
Oct 21, 2021

CT Court Affirms Death Benefits Award Following Suicide

The Appellate Court of Connecticut affirmed an award of death benefits to the spouse of an employee who committed suicide following a work-related knee injury, finding that substantial evidence supported...

CT Court Affirms Death Benefits Award Following Suicide CT Court Affirms Death Benefits Award Following Suicide
Jun 7, 2021

Ex Parte Communications Sink NY Death Benefits Claim

Showing just how serious New York courts take the issue of ex parte communications between counsel and medical experts, a New York appellate court recently affirmed an order by the...

Ex Parte Communications Sink NY Death Benefits Claim Ex Parte Communications Sink NY Death Benefits Claim
Jun 1, 2021

PA Court: Carefully Planned Suicide Still Compensable

Decision is Consistent with Majority Rule In a holding that is consistent with the dominant rule among American jurisdictions, a Pennsylvania appellate court recently affirmed a Board decision that awarded...

PA Court: Carefully Planned Suicide Still Compensable PA Court: Carefully Planned Suicide Still Compensable