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Rehearing Denied June 9, Robertson, of the Barbour Circuit Court, to grant its motion to dismiss plaintiff David Phillips's claim alleging intentional infliction of emotional distress, otherwise known as the tort of outrage. Phillips suffered a work-related injury while employed by M.

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Jones, Jr So. Court of Appeal of Louisiana, Second Circuit. Ashe, Alexandria, for plaintiff-appellant. Samuel Thomas, Tallulah, for defendant-appellee.

In this workers' compensation case Lumbermen's Underwriting Alliance, workers' compensation insurer of the employer of Lester Spencer, brought this action for declaratory judgment to determine which, if either, of two competing groups of claimants is entitled to receive benefits by reason of Spencer's death in a work accident.

Lumbermen's also answers Spencer's appeal. We amend and affirm. The assignments of error present the following issues: Are the Spencer children entitled to receive workers' compensation benefits for the death of their father; 2.

Are Anna Teague and her children entitled to receive workers' compensation benefits for the death of Lester Spencer; and 3.

What were Lester Spencer's wages at the time of his death. They had two children, Christy and Kevin.

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They separated in because of Lester's ongoing relationship with Anna Teague. Spencer testified that she obtained a divorce from Lester Spencer in Florida on August 10, Lester Spencer made no child support payments.

At Christmas Lester Spencer gave his children "a little doll and a little truck Spencer supported herself and the children through public assistance and some income from employment.

Lester Spencer and Anna Teague met in October, They began living together in following Ms. They lived together from that time until Lester Spencer's death on December 4,except for a period in the fall of when Spencer worked in Bradley, Arkansas, and for several brief periods of separation which apparently followed problems between them.

All three of Ms.

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Teague's children resided with them until June,when the two older children moved to the home of their grandparents in Harrisville, Arkansas. They continued to live there until Spencer's death. While Spencer and Anna Teague lived together they supported themselves by various means including public assistance, income from employment of both of them, and income from employment of Lester Spencer alone.

From August 4,the household was supported by income from Mr. In addition to providing for Ms. Teague and her daughter, Tonya, who lived with them, Spencer also provided some limited support for the two older children in Arkansas.

Following Lester Spencer's death both groups of claimants presented claims to the Office of Workers' Compensation. That office's recommendation was rejected and this suit followed. The trial judge found that they were not entitled to benefits because they were not dependent upon their father.

Workers' compensation death benefits are payable to "legal dependents" of the deceased worker. Children under age eighteen, or twenty-three if full time students, are conclusively presumed to be dependent upon a parent with whom they live.

It is the children's burden to prove actual dependence upon their father. An unfulfilled legal or moral obligation to support is insufficient to establish dependency.

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Lester Spencer made no support payments. Dependency is a question of fact. As such, the trial judge's findings on this question cannot be disturbed unless clearly wrong. The record supports the trial judge's conclusion. The support provided by Lester Spencer was so negligible that any finding of dependency would have been clearly wrong.

The trial judge's conclusion is also supported by the jurisprudence. Further, it has been held that the existence of unfulfilled court orders for support does not establish dependency.

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IN THE MATTER OF THE ANCILLARY RECEIVERSHIP OF LUMBERMENS MUTUAL CASUALTY COMPANY Supreme Court of the State of New York, County of New York Lumbermens, including, but not limited to, insurance policies, underwriting data, claims files (electronic or paper) and/or software programs owned by, belonging to or relating to Lumbermens.

Lumbermen's Underwriting Alliance, a Foreign Corporation,plaintiff-appellee, v. Can-car, Inc., a Foreign Corporation, a Division of Hawkersiddeley Canada, Ltd., Defendant-appellant, F.2d 17 (9th Cir.

) case opinion from the U.S. Court of Appeals for the Ninth Circuit. Since , Lumbermen's Underwriting Alliance has been providing Fire, Marine And Casualty Insurance And Carriers from Boca Raton.

Lumbermen's Underwriting Alliance has petitioned this Court for mandamus relief from a discovery ruling. After the factory of Master Woodcraft Cabinetry, L.L.C.

(MWC) was destroyed by fire, a claim was filed with Lumbermen's, the insurer, for losses incurred.

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