Notwithstanding the doctrine of stare decisis, in this case a clear holding by the North Carolina Supreme Court that a person living in cohabitation with another, to whom he or...
Girlfriend’s Dependency Claim Filed in Face of NC Supreme Court Decision Does Not Warrant Sanctions Girlfriend’s Dependency Claim Filed in Face of NC Supreme Court Decision Does Not Warrant SanctionsA New York appellate court affirmed a decision by the state's Workers' Compensation Board that denied death benefits to a widow whose husband, a former correction officer, died in 2016,...
NY Widow's Death Benefits Claim Filed 12 Years After Work Cessation Not Supported By Medical Evidence NY Widow's Death Benefits Claim Filed 12 Years After Work Cessation Not Supported By Medical EvidenceThe 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...
KY Widow Awarded Benefits For Husband's Death More than 10 Years After Injury KY Widow Awarded Benefits For Husband's Death More than 10 Years After InjuryAffirming a decision of a split panel of the state’s Court of Appeals, the Supreme Court of Kansas sustained an award of death benefits to the widow of a worker...
Kansas Widow Rebuts Presumption of Marijuana Intoxication Kansas Widow Rebuts Presumption of Marijuana IntoxicationA New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that awarded death benefits to a surviving spouse following the suicide of her husband, who had...
NY Court Affirms Death Benefits Following Injured Worker’s Suicide NY Court Affirms Death Benefits Following Injured Worker’s SuicideCiting 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 AgreementReversing a decision by deeply divided Court of Appeals (for additional details on that earlier decision, see my post from last year), the Supreme Court of Mississippi, in a split...
Divided MS Supreme Court Reverses Court of Appeals on Child Support Lien Issue Divided MS Supreme Court Reverses Court of Appeals on Child Support Lien IssueReversing a decision of the state’s Court of Appeals, and side-stepping — at least to some degree — the issue of illicit relationships, the Supreme Court of South Carolina found...
SC Supreme Court Says Deceased Worker’s “Girlfriend” Failed to Show Dependency SC Supreme Court Says Deceased Worker’s “Girlfriend” Failed to Show DependencyIn a well-expressed opinion that illustrates how an appellate court is sometimes required to construe an ambiguous statute, the Supreme Court of New Mexico held that while there was no...
NM Supreme Court Applies IME Statute to Death Benefit Cases NM Supreme Court Applies IME Statute to Death Benefit CasesIn a memorandum decision that illustrates one of the several important distinctions between the tort law world, which tends to emphasize property rights (converting, if you will, even pain and...
West Virginia: No Dependency Established Where Daughter Had not Lived With Employee for 25 Years West Virginia: No Dependency Established Where Daughter Had not Lived With Employee for 25 YearsWhere one North Dakota worker was killed and another seriously injured in a work-related explosion, neither the deceased worker’s parents nor the injured worker could maintain a civil action against...
Receipt of Benefits Bars Worker and Parents of Deceased Worker From Maintaining Civil Actions Against North Dakota “Employer” Receipt of Benefits Bars Worker and Parents of Deceased Worker From Maintaining Civil Actions Against North Dakota “Employer”In a case that illustrates the difficulties that can arise from intertwined small businesses, a Massachusetts appellate court affirmed a decision of the state’s Industrial Accident Reviewing Board that denied...
Massachusetts Business Owner’s Death in Auto Accident While Attending to Side Business is Not Compensable Massachusetts Business Owner’s Death in Auto Accident While Attending to Side Business is Not Compensable