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Five Recent Cases You Should Know About (4/26/2010)

Larson’s Spotlight on Marijuana, Retaliatory Discharge, Coughing, Intoxication Defense, and Accidental Injury. 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...

New York Injured Worker Tests Positive for Marijuana: High Level of Proof Needed to Overcome Presumption That Injury Not Caused Solely by Intoxication

In the case of Thompson v. Wiltsie Construction Company, Inc ., 2010 NY Slip Op 03209, 2010 N.Y. App. Div. LEXIS 3182 (April 22, 2010) a New York court affirmed the establishment of a case under the New York State Workers' Compensation Law where 18 hours after an accident the injured worker had a...

Intoxication Defense Fails Despite "Presumptive Positive" Blood Test: Cal. Comp. Cases December Advanced Postings (12/15/2011)

Featured Case of the Week: Intoxication Defense Fails Despite "Presumptive Positive" Blood Test Beyette's Tree Care, Uninsured, Petitioner v. Workers' Compensation Appeals Board, Bart James Johnson , Respondents , 2011 Cal. Wrk. Comp. LEXIS 187 Injury AOE/COE –Intoxication—WCAB...

Statutory Presumptions of Intoxication and Drug Use Don’t Always Ensure an Easy Win for Employers

By Thomas A. Robinson At the heart of the workers’ compensation bargain is the essential doctrine that employee fault should generally not be considered when determining the compensability of the employee’s claim. Indeed, as Dr. Larson has so skillfully written: “Misconduct of the...