Tag Archives: death benefits

Eighth Circuit: North Dakota Need Not Substitute Colorado’s More Generous Death Benefits Rules for Claim Filed in the Peace Garden State

In 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. Cent. Code § 65–05–05(2)(2013) was invalid and unenforceable under the … Continue reading

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Connecticut High Court: Widow’s Bystander Emotional Distress Action Barred by Exclusivity

Earlier 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 provisions of the Connecticut Workers’ Compensation Act [Conn. Gen. Stat. … Continue reading

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Louisiana: Prescriptive Period Does Not Commence Until Party Has Knowledge of Cause of Action

Applying 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 knowable by the plaintiff, a Louisiana appellate court reversed the … Continue reading

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NC: Surviving Spouse Loses Claim for Death Benefits Since She Neither Lived With Nor Was Dependent Upon Worker at Time of His Death

A 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 spoke with him thereafter, did not rely upon him for … Continue reading

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West Virginia High Court Crafts Narrow Exception to 6-Month Statute of Limitations in Death Claims

The 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 have learned through reasonable diligence, that her husband’s cause of … Continue reading

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PA: Native-American Marriage Ceremony Establishes “Widow’s” Common-law Marriage

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 evidence that the couple had joined in a common-law marriage … Continue reading

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Kentucky Court Affirms Limitation of Attorney’s Fee in Comp Claim Involving Multiple Beneficiaries

The 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) limited an attorney’s fee to $12,000, in spite of his … Continue reading

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Dependents of Ohio Worker Who Lived 4.5 Hours After Fall Awarded 1,225 Weeks of PPD Benefits

Continuing 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 brief periods of time, an Ohio court has affirmed an … Continue reading

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Alaska: Same-Sex Partner of Deceased Worker Entitled to Death Benefits In Spite of State’s “Marriage Amendment”

On 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. § 23.30.215, which provides survivors benefits only to a deceased … Continue reading

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New Mexico: Late Filing of Death Benefits Claim May Be Excused Where Delay Was Due, In Part, to Actions of Employer

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 the Rio Grande, could proceed in spite of the fact … Continue reading

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