Workers' Compensation

Recent Posts

Intoxication Defense Fails Despite "Presumptive Positive" Blood Test: Cal. Comp. Cases December Advanced Postings (12/15/2011)
Posted on 15 Dec 2011 by California Compensation Cases Staff

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... Read More

Statutory Presumptions of Intoxication and Drug Use Don’t Always Ensure an Easy Win for Employers
Posted on 28 Mar 2012 by Thomas A. Robinson

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... Read More

New York Injured Worker Tests Positive for Marijuana: High Level of Proof Needed to Overcome Presumption That Injury Not Caused Solely by Intoxication
Posted on 26 Apr 2010 by Ronald Balter

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... Read More

Statutory Presumptions of Intoxication and Drug Use Don’t Always Ensure an Easy Win for Employers
Posted on 28 Mar 2012 by Thomas A. Robinson

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... Read More

Five Recent Cases You Should Know About (4/26/2010)
Posted on 24 Apr 2010 by Larson's Spotlight

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... Read More

Intoxication Defense Fails Despite "Presumptive Positive" Blood Test: Cal. Comp. Cases December Advanced Postings (12/15/2011)
Posted on 15 Dec 2011 by California Compensation Cases Staff

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... Read More