Issue Commentary: NC Decision Shows Difficult Balancing Required for Lump-Sum Requests

NY High Court Says Claimant’s Estate Due Only Portion of Posthumous SLU Award

The Court of Appeals of New York, construing N.Y. Workers’ Comp. Law § 15(4)(d), which generally limits recovery by a claimant’s estate to an amount not exceeding reasonable funeral expenses...

Opinion Mondays: States Shouldn’t Treat PTD Awards as Estate Planning Tools

Iowa Commutation Order Allows for Substantial Inheritable Estate Illustrating just how far some states have moved away from the original workers’ compensation principle that indemnity benefits are not an inheritable...

KY Widow Awarded Benefits For Husband's Death More than 10 Years After Injury

The Supreme Court of Kentucky, affirming an earlier decision by the state's Court of Appeals, held a widow was entitled to statutory income benefits under KRS 342.750(1)(a), in spite of...

Illinois Court Says Trial Court Erred in Converting PPD Award to Lump Sum

An Illinois trial court’s finding that the entire amount of an arbitrator’s award—stated as a weekly amount times a number of weeks—came due when the Illinois Workers’ Compensation Commission adopted...

NY Worker’s Estate Entitled Only to Portion of Posthumous Schedule Loss of Use Award

In New York, where an injured employee dies without leaving a surviving spouse, child under 18 years old or dependent, only that portion of the employee's schedule loss of use...

Missouri: Surviving Spouse’s “Remarriage” Benefit Not Limited to Commutation of Her Share of Death Benefits

In many states, the death benefit owed to a surviving spouse is commuted, sometimes at a significant discount, if the surviving spouse remarries. The Missouri statute, § 287.240(4)(a) R.S. Mo.,...

Pennsylvania: Injured Worker’s Participation in Employer’s “Special Attrition Plan” Causes a Loss in Disability Benefits

Evidence that an injured worker attended his employer’s “Attrition Plan” meeting and signed forms related to the employer’s “Special Attrition Plan,” that provided for, among other things, a lump sum...

Arkansas Court Affirms Commission’s Order Requiring Claimant’s Attorney to Receive Half of Fee Over Nine-Year Period

The Court of Appeals of Arkansas has affirmed a determination by the state’s Workers’ Compensation Commission that ruled that a claimant’s attorney must receive one-half the allowed attorney’s fee in...