The U.S. District Court for the Western District of Oklahoma recently held that Oklahoma’s workers’ compensation subrogation statute, 85A Okla. Stat. § 43 does not violate Article 23, Section 7...
Federal Court Says Oklahoma’s Subrogation Statute is Constitutional Federal Court Says Oklahoma’s Subrogation Statute is ConstitutionalA worker’s claim for workers’ compensation benefits and a dependent’s claim for death benefits are separate and independent claims, such that the dependent’s claim is not derivate of the worker’s,...
Maryland Widow’s Death Benefits Claim Not Barred by Husband’s Broad Release Before His Death Maryland Widow’s Death Benefits Claim Not Barred by Husband’s Broad Release Before His DeathLien Allowed in Spite of Fact that Children Had Been Adopted by Step-Father In a 5-4 decision, the Court of Appeals of Mississippi held the biological children of a deceased...
Deeply Divided MS Court Says Deceased Employee’s Ex-Wife May Impose Lien for Child Support Deeply Divided MS Court Says Deceased Employee’s Ex-Wife May Impose Lien for Child SupportIn an ancient decision (one year older than me), Day v. Day, 216 S.C. 334, 58 S.E.2d 83 (1950), the Supreme Court of South Carolina, reflecting the general moral mindset...
South Carolina: In Dependency Case, Commission May Not Presume “Fornication” Occurred South Carolina: In Dependency Case, Commission May Not Presume “Fornication” OccurredDeath Benefits Awarded in Spite of Smoking Habit and High Cholesterol A decision by New York’s Workers’ Compensation Board, which concluded that a construction worker’s death was causally-related to his...
NY Construction Worker’s Fatal Heart Attack Found Compensable NY Construction Worker’s Fatal Heart Attack Found CompensableParent Faces “Catch-22”: Wrongful Death Claim Barred by Exclusivity, Yet No Workers’ Comp Benefits Available The Supreme Court of Alaska, in Burke v. Raven Elec., 2018 Alas. LEXIS 64 (May...
Alaska’s High Court Upholds Total Bar of Recovery for Non-Dependent Parents of Deceased Employees Alaska’s High Court Upholds Total Bar of Recovery for Non-Dependent Parents of Deceased EmployeesWithin the context of a Georgia workers’ compensation claim, a meretricious relationship works to deny dependency benefits, even if actual dependency exists, held a state appellate court on Tuesday [see...
In Georgia, Co-Habitation Without Marriage = No Death Benefits In Georgia, Co-Habitation Without Marriage = No Death BenefitsIn a case of first impression, the 8th Circuit Court of Appeals affirmed a U.S. District Court decision that had dismissed a widow’s civil action seeking a declaration that N.D....
Eighth Circuit: North Dakota Need Not Substitute Colorado’s More Generous Death Benefits Rules for Claim Filed in the Peace Garden State Eighth Circuit: North Dakota Need Not Substitute Colorado’s More Generous Death Benefits Rules for Claim Filed in the Peace Garden StateEarlier today, the Supreme Court of Connecticut released a decision holding that a widow’s bystander emotional distress action filed against her deceased husband’s employer is barred by the exclusive remedy...
Connecticut High Court: Widow’s Bystander Emotional Distress Action Barred by Exclusivity Connecticut High Court: Widow’s Bystander Emotional Distress Action Barred by ExclusivityApplying the “discovery rule” [see Larson’s Workers’ Compensation Law, § 126.05], pursuant to which the prescription period may be suspended where the cause of action is not known or reasonably...
Louisiana: Prescriptive Period Does Not Commence Until Party Has Knowledge of Cause of Action Louisiana: Prescriptive Period Does Not Commence Until Party Has Knowledge of Cause of ActionA 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 DeathThe Supreme Court of Appeals of West Virginia held that where a claimant delays the filing of a workers’ compensation death benefits claim because she was unaware, and could not...
West Virginia High Court Crafts Narrow Exception to 6-Month Statute of Limitations in Death Claims West Virginia High Court Crafts Narrow Exception to 6-Month Statute of Limitations in Death Claims