On Tuesday, a Pennsylvania appellate court held that a claimant, whose purported husband had been killed in a work-related rollover accident at a ski resort, had presented clear and convincing...
PA: Native-American Marriage Ceremony Establishes “Widow’s” Common-law Marriage PA: Native-American Marriage Ceremony Establishes “Widow’s” Common-law MarriageThe Court of Appeals of Kentucky, in Roberts v. Sticklen, 2014 Ky. App. LEXIS 186 (Dec. 12, 2014) held that the plain language of Ky. Rev. Stat. Ann. § 342.320(2)(a)...
Kentucky Court Affirms Limitation of Attorney’s Fee in Comp Claim Involving Multiple Beneficiaries Kentucky Court Affirms Limitation of Attorney’s Fee in Comp Claim Involving Multiple BeneficiariesContinuing a line of decisions that have awarded permanent partial disability benefits to dependents of workers who sustain fatal injuries in a work-related incident, but who survive the incident for...
Dependents of Ohio Worker Who Lived 4.5 Hours After Fall Awarded 1,225 Weeks of PPD Benefits Dependents of Ohio Worker Who Lived 4.5 Hours After Fall Awarded 1,225 Weeks of PPD BenefitsOn Friday, the Supreme Court of Alaska, in Harris v. Millennium Hotel, 2014 Alas. LEXIS 149 (July 25, 2014), held that the state’s workers’ compensation death benefits statute, Alaska Stat....
Alaska: Same-Sex Partner of Deceased Worker Entitled to Death Benefits In Spite of State’s “Marriage Amendment” Alaska: Same-Sex Partner of Deceased Worker Entitled to Death Benefits In Spite of State’s “Marriage Amendment”The Supreme Court of New Mexico recently held that a death benefits claim filed by the widow of an off-duty police officer, who drowned while rescuing a twelve-year-old boy from...
New Mexico: Late Filing of Death Benefits Claim May Be Excused Where Delay Was Due, In Part, to Actions of Employer New Mexico: Late Filing of Death Benefits Claim May Be Excused Where Delay Was Due, In Part, to Actions of EmployerAn Ohio appellate court recently affirmed a decision by the state’s Industrial Commission that had denied additional workers’ compensation benefits for the scheduled loss of use of both of a...
Ohio: Appellate Court Distinguishes Case from Earlier Moorehead Decision: No Loss of Use of Trucker’s Legs Where He May Have Survived Wreck for Brief Period of Time Ohio: Appellate Court Distinguishes Case from Earlier Moorehead Decision: No Loss of Use of Trucker’s Legs Where He May Have Survived Wreck for Brief Period of TimeThe Court of Appeals of Iowa, in Carter v. Alter Trading Corp., 2012 Iowa App. LEXIS 879 (Oct. 17, 2012), applying the state’s “equitable” apportionment of workers’ compensation death benefits...
Iowa: Court Approves “Uneven” Split of Death Benefits Between American and Honduran Dependents of Deceased Undocumented Worker Iowa: Court Approves “Uneven” Split of Death Benefits Between American and Honduran Dependents of Deceased Undocumented WorkerIt is axiomatic in workers’ compensation law that a subsequent injury, whether an aggravation of the original injury or a new and distinct injury, is compensable if it is the...
Texas Widow Prevails In Death Claim Case By Showing Husband’s Drug Overdose Could Have Been Caused By Side Effects of Prescription Pain Medication Texas Widow Prevails In Death Claim Case By Showing Husband’s Drug Overdose Could Have Been Caused By Side Effects of Prescription Pain Medication