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Cases of Interest: Worker's Compensation
National Legal Research Group, Inc.

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.
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CONNECTICUT: 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.
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ILLINOIS: 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.
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ILLINOIS: 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.
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MARYLAND: 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.
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MICHIGAN: 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.
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OHIO: 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.
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PENNSYLVANIA: 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.
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WASHINGTON: 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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