Workers' Compensation

Recent Posts

Cocaine Use, Not Needle Stick, More Likely Cause of Hepatitis C: Cal. Comp. Cases February Advanced Postings (2/20/2014)
Posted on 20 Feb 2014 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for the February 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All... Read More

Mississippi: Cocaine Use Three Days Prior to Fall Dooms Trucker’s Claim
Posted on 30 May 2014 by Larson's Spotlight

A Mississippi appellate court affirmed a finding by the state’s Workers’ Compensation Commission that a truck driver’s intoxication proximately caused his injuries and, thereby, disqualified him from receiving benefits. The driver exited... Read More

Texas: Worker Was Not Intoxicated from Cocaine in Spite of “Doing Two Lines” Several Days Prior to Accident
Posted on 13 Jun 2014 by Larson's Spotlight

A Texas appellate court affirmed a jury’s determination that an injured worker was not intoxicated when he sustained injuries in an electrical explosion in spite of the fact that a urine sample taken at a nearby hospital tested positive for benzoylecgonine... Read More

Louisiana: Injured Employee Successfully Rebuts Positive Post-Accident Drug Test
Posted on 16 May 2014 by Larson's Spotlight

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... Read More

Kansas: To Bar Recovery, Drug Impairment Must Be Contemporaneous With Onset of Injury or Condition
Posted on 25 Apr 2014 by Larson's Spotlight

A Kansas appellate court held that the state’s statutory provision barring workers’ compensation benefits to “impaired” workers, K.S.A. 2010 Supp. 44-501(d)(2), requires the employer to prove the worker was impaired at the time... Read More

Missouri: Dependent Awarded Life-time Comp Benefits After His Father’s Cocaine-related Death
Posted on 5 Dec 2014 by Martin Klug

Agnew sustained catastrophic injuries when he was 22 years old after he fell from a roof in 1999. He sustained T9 paraplegia and required multiple spinal surgeries and psychiatric admissions. He received multiple treatment involving more than $2.2 million... Read More

Missouri Skips the Light Fandango Denying Comp Drug Penalty
Posted on 21 Jan 2015 by Martin Klug

The Commission affirmed a denial of an anti-drug policy defense to a permanent total claimant who appeared to have used cocaine shortly before the accident. Hertzing v Beck Motors , 2015 Mo WCLR Lexis 2 (lexis.com), 2015 Mo WCLR Lexis 2 (Lexis Advance... Read More