In an important decision that is certain to garner attention well beyond California’s borders, a California appellate court denied a petition for writ of mandate filed by an employer who...
California Comp Act Does Not Bar COVID-19 Wrongful Death Claim California Comp Act Does Not Bar COVID-19 Wrongful Death ClaimA 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 FilingThe Supreme Court of Oklahoma, reversing a trial court's decision that had, pursuant to 12 O.S. 2011 §§1053A, granted summary judgment, in relevant part, to an employer sued in a...
Oklahoma High Court Strikes Down Exclusive Remedy Rule for Non-Dependent Parents Oklahoma High Court Strikes Down Exclusive Remedy Rule for Non-Dependent ParentsCiting Larson’s Workers’ Compensation Law, the Court of Appeals of Maryland held that the Workers’ Compensation Commission’s approval of a settlement agreement that purported to release a dependent’s future claims...
Maryland Widow's Death Benefits Claim Not Barred by Husband's Earlier Broad Settlement Agreement Maryland Widow's Death Benefits Claim Not Barred by Husband's Earlier Broad Settlement AgreementA 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 DeathEarlier 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 ExclusivityWhere a father and son were co-employees working at an excavation site and the son was struck in the head with the bucket of a track hoe—the blow causing serious...
Wyoming Father May Sue Employer For Anguish Related to Co-employee Son’s Death Wyoming Father May Sue Employer For Anguish Related to Co-employee Son’s Death