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Judges Reject Risk-Doctrine Theory, Leaving Family Eligible for Only Funeral Benefits

By Emily Brill (Reporter)

Friday, December 1, 2017 | 630 | 0 | 5 min read

A deceased worker’s family may not sue the restaurant where he was fatally shot while tending bar because he was in the course and scope of his employment during the robbery, the Arkansas 1st Division Court of Appeals decided Wednesday. This leaves Jesus Herrera-Larios’ family eligible only for funeral benefits, paid out in accordance with what the family spends on the funeral up to a cap of $6,000. Herrera-Larios is survived by his parents, who live in Mexico, and his brother and sister-in-law, who live in Arkansas. Because his parents were not dependent on him and he had no wif...

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