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Tag Archives: Benefits

Domestic Relations – Separation Agreement – Rescission – Ratification – Acceptance of Benefits – Appeals – Interlocutory – Substantial Right (access required)

Honeycutt v. Honeycutt. Even though the plaintiff-wife claims the parties' separation agreement is unfair and was unfairly pushed upon her by the defendant-husband, since the wife accepted and retains benefits under the separation agreement, she has ratified the agreement and cannot have it rescinded. We affirm the trial court's grant of partial summary judgment for the husband as to the wife's rescission claim.

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Workers’ Compensation – Job Termination – Insubordination – Additional Benefits (access required)

Grajales v. Ferguson Design, Inc. (Lawyers Weekly No. 10-08-0973, 6 pp.) (Linda Cheatham, Commissioner) Appealed from Opinion & Award of Deputy Commissioner Robert Wayne Rideout Jr. I.C. No. 196935. Holding: Even though plaintiff suffered a compensable injury to his spleen, ...

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Labor & Employment – Public Employees – Retirement – Re-Employment – Benefits Repayment (access required)

Walker v. Department of State Treasurer. Petitioner did not show that respondent ever represented to him that town employees were respondent's agents for purposes of explaining petitioner's retirement benefits; therefore, the representations made by town employees are not binding on respondent. We reluctantly affirm the superior court's order that petitioner repay the retirement benefits paid to him by respondent from January 1996 through November 2006.

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Workers’ Compensation – Trial Return to Work – Unsuccessful – Unilateral Benefits Termination – Amended Rules – Sanctions (access required)

Baxter v. Danny Nicholson, Inc. Even though plaintiff did not file a Form 28U after his trial return to work proved unsuccessful, defendant already knew the trial return to work had been unsuccessful when it stopped paying plaintiff benefits. Defendant refused to reinstate those benefits even after a rules change and case law made clear that a Form 28U was not required before benefits were to be reinstated. We affirm the Industrial Commission's award of benefits, including accrued benefits, plus sanctions.

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