Five Recent Cases You Should Know About (5/16/2010)

Five Recent Cases You Should Know About (5/16/2010)

Larson’s Spotlight on Termination & Gun Possession, Average Weekly Wage, Intoxication, Lump Sum Payments, and Employee vs. Independent Contractor. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson’s Workers’ Compensation Law, has compiled the list below.

AL: Worker's Termination Tied to Gun Possession, Not Workers' Comp Claim

In a workers' compensation retailiatory discharge case, an Alabama appellate court recently reversed a trial court's entry of a judgment in favor of the terminated employee and remanded the case for entry of judgment in favor of the former employer, where the court indicated the employee failed to rebut the employer's showing that the termination of the employee's employment was based, in whole or in part, upon the employee's reported open possession of a firearm on the employer's premises.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Ala. Civ. App. LEXIS 119. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 104.07.

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SC: Free Housing Included in Computation of Average Weekly Wage

A South Carolina appellate court recently ruled that an injured worker’s average weekly wage included the fair rental value of a residence provided free of charge to him by his parents, who were dominant shareholders in the company that employed the worker.  Evidence indicated that the worker moved from Minnesota to South Carolina in exchange for $30,000 per year, a tank of gas per week, and use of a home owned by his parents as a free living arrangement.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 S.C. App. LEXIS 73. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 93.01.

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KS: Level of Marijuana Metabolites in Worker's Bloodstream Triggers Intoxication Presumption

Construing the state's "impairment defense"—provided under K.S.A. 2009 Supp. 44-501(d)(2)—the Court of Appeals of Kansas recently held that where an employer introduces evidence of an appropriate level (15 ng/ml) of marijuana metabolite in a worker's bloodstream, a conclusive presumption arises that the worker was impaired and, accordingly, disqualified from receiving workers' compensation benefits; the employer need not also show that erratic behavior on the part of the worker prior to the injury.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Kan. App. LEXIS 51. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 36.03.

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CO: 2007 Amendment Increasing Maximum Lum  Sum Payments to Injured Workers Allows  Worker with 1990 Claim to Recover Additional Benefits

Affirming a decision by the state court of appeals, the Supreme Court of Colorado recently held that the 2007 amendment increasing the maximum aggregate lump sum available to an injured worker was procedural in nature and applied prospectively, allowing a claimant—who sustained an admitted work-related injury in 1990 and who, in 2002, received the maximum lump sum available at the time—to receive a new "supplemental" award for the increased maximum now available under the new cap.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Colo. LEXIS 363. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 93.05.

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MS: Injured Trucker Was Employee, Not Independent Contractor

A Mississippi appellate court has affirmed a decision made by the state's Workers' Compensation Commission that found that a truck driver, who was paid $100 per day during each trip, whose meal and hotel expenses were paid by the purported employer, but who did not load or unload the truck at either end of the trip, was an employee, and not an independent contractor, for purposes of workers' compensation liability.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Miss. App. LEXIS 235. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 60.02.

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Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

 Offer good through June 2010