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Cases of Interest: Worker's Compensation
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COLORADO: In re Marriage of Breckenridge, 973 P.2d 1290 (Colo. Ct. App. 1999).
A lump-sum workers' compensation settlement that was awarded to the husband shortly before the parties' dissolution was his separate property to the extent it compensated him for the loss of postdissolution income or earning capacity.
Read More About This CaseCONNECTICUT: Tyc v. Tyc, 40 Conn. App. 562, 672 A.2d 526 (1996).
A spouse's award or claim for workers' compensation is property subject to distribution in a dissolution action.
Read More About This CaseILLINOIS: In re Marriage of Hall, ___ Ill. App. 3d ___, 663 N.E.2d 430 (1996).
The husband's workers' compensation award was marital property, and granting the wife one-half of the award was not an abuse of discretion.
Read More About This CaseILLINOIS: In re Marriage of Waggoner, ___ Ill. App. 3d ___, 634 N.E.2d 1198 (1994).
The "analytical" approach should be applied rather than the "mechanical" approach when classifying workers' compensation awards for permanent disability.
Read More About This CaseMARYLAND: Lowery v. Lowery, 113 Md. App. 423, 688 A.2d 65 (1997).
Although the husband's injury underlying his workers' compensation settlement occurred before the parties' marriage, the award should be classified as marital property to the extent that it compensated the husband for lost wages or future earning capacity during the marriage or for medical expenses paid out of marital assets.
Read More About This CaseMICHIGAN: Hagen v. Hagen, 202 Mich. App. 254, 508 N.W.2d 196 (1993).
Trial court could impress lien on husband's workers' compensation payments to enforce order awarding wife one-half of those payments.
Read More About This CaseOHIO: Hartzell v. Hartzell, 90 Ohio App. 3d 385, 629 N.E.2d 491 (1993).
Workers' compensation benefits that compensate for loss of earnings during the marriage and for expenses paid from marital assets constitute marital property.
Read More About This CasePENNSYLVANIA: Drake v. Drake, ___ Pa. ___, 725 A.2d 717 (1999).
A workers' compensation commutation award that accrued during the marriage can be marital property even if it replaces future earnings, but it need not be distributed equally between the divorcing spouses.
Read More About This CaseWASHINGTON: Dugan-Gaunt v. Gaunt, ___ Wash. App. ___, 915 P.2d 541 (1996).
A state statute prohibiting the transfer of workers' compensation benefits precludes a court from ordering a spouse to pay over workers' compensation benefits pursuant to a property distribution agreement.
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