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Construing the state’s strong presumption that where a worker tests positive for drugs after a workplace injury, his or her injury was “substantially occasioned” by the use of the illegal drugs [see Ark. Code Ann. § 11-9-102(4)...

An Arkansas appellate court affirmed a decision by the state’s Workers’ Compensation Commission that a worker who suffered a partial traumatic amputation of a finger as she tried to dislodge material from a jammed cutting machine, and who...

Where a post-injury drug test could not be offered as evidence because it had not been verified according to the requirements described in La. Rev. Stat. § 23:1081, it would also be improper to allow the use of the test to establish a fraud defense...

In a case of first impression in the District of New Mexico, a federal district court held that an employer was under no obligation to accommodate an employee’s use of medical marijuana, even where the drug had been supplied to the employee under...

As is the case in a number of other jurisdictions, if an Arkansas worker tests positive for, among other things, marijuana metabolites, following a work-related injury, the employer enjoys a rebuttable presumption that the injury or accident was “substantially...

A Texas appellate court affirmed summary judgment in favor of a former employer in a retaliatory discharge case filed against it by a worker who was terminated when he refused to take a drug test following a collision between the worker’s truck...

A truck driver’s contract of employment was not made in North Carolina where he was required to complete a three-day orientation, a road test, a drug test, and a physical exam in Mississippi—a hiring procedure that extended well beyond mostly...

The employer failed to show it required a drug test after a work accident and now owes for ongoing temporary benefits because the worker states his severe chronic back pain is worse since his accident. King v American Employment Group , 2014 Mo WCLR Lexis...

Acknowledging that under Ga. Code Ann. § 34-9-17(b)(2), there is a rebuttable presumption that marijuana use caused a work injury if any amount of marijuana is in the employee's blood within eight hours of the time of the alleged accident, a...

A Louisiana appellate court, acknowledging that La.R.S. 23:1081 provided the defense of intoxication and also provided an employer with certain presumptions if an injured employee tested positive for various drugs and controlled substances, nevertheless...

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. For a Schedule I drug with no currently...

It’s time to look back on the past year’s top cases to help us identify possible national trends. While many of these cases are state decisions, there are far reaching implications to be found in each of them. Here’s our selection for...

Larson's Spotlight on FELA, Malicious Prosecution, Tort Action Against Employer, Jones Act, and Retaliatory Termination. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's...

It’s time to look back on the past year’s top cases to help us identify possible national trends. While many of these cases are state decisions, there are far reaching implications to be found in each of them. Here’s our selection for...

Larson's Spotlight on Misrepresentation, Spoliation of Evidence, Marital Relationship, Drug Test, and Disqualification. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's...