Tag: derivative

Dec 24, 2021

California Comp Act Does Not Bar COVID-19 Wrongful Death Claim

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 Claim
Dec 9, 2021

For Limitations Purposes, a NC Death Claim Cannot Piggy-Back Onto Deceased Employee’s Original Filing

A 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 Filing
Sep 28, 2020

Oklahoma High Court Strikes Down Exclusive Remedy Rule for Non-Dependent Parents

The 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 Parents
May 27, 2020

Maryland Widow's Death Benefits Claim Not Barred by Husband's Earlier Broad Settlement Agreement

Citing 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 Agreement
Aug 5, 2019

Maryland Widow’s Death Benefits Claim Not Barred by Husband’s Broad Release Before His Death

A 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 Death
Aug 2, 2016

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...

Connecticut High Court: Widow’s Bystander Emotional Distress Action Barred by Exclusivity Connecticut High Court: Widow’s Bystander Emotional Distress Action Barred by Exclusivity
Feb 18, 2016

Wyoming Father May Sue Employer For Anguish Related to Co-employee Son’s Death

Where 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