Workers' Compensation

Recent Posts

Arkansas: Positive Drug Test Dooms Worker’s Injury Claim
Posted on 27 Mar 2020 by Thomas A. Robinson

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)... Read More

Arkansas: Employee Fails to Overcome Presumption of Impairment Following Positive Drug Test
Posted on 2 Feb 2020 by Thomas A. Robinson

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... Read More

Louisiana: Non-Verified Drug Test Wholly Inadmissible
Posted on 24 Oct 2019 by Thomas A. Robinson

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... Read More

Federal: Federal Court Oks Firing for Use of Medical Marijuana
Posted on 15 Jan 2016 by Larson's Spotlight

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... Read More

Arkansas: Court Says Injured Worker Successfully Rebutted Statutory Presumption Related to Illegal Drugs
Posted on 7 Mar 2014 by Larson's Spotlight

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... Read More

Texas: Court Agrees That Worker Was Fired For Refusing Drug Test, Not Contemplating Workers’ Comp Claim
Posted on 22 Aug 2014 by Larson's Spotlight

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... Read More

North Carolina: No In-State Contract of Employment Where Driver Required to Undergo Three Days of Orientation and Tests in Mississippi Prior to Final Hire
Posted on 15 May 2015 by Larson's Spotlight

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... Read More

Missouri: Commission Doesn’t Believe Employer That He Requested a Drug Test
Posted on 13 Jan 2015 by Martin Klug

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... Read More

Georgia: Positive Drug Test Negated Because of Evidence Chain Issues in Drawing Injured Worker’s Urine
Posted on 8 Jun 2018 by Thomas A. Robinson

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... 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

ACOEM Guidance on Marijuana in the Workplace: Keeping Employers Sane Amidst the Reefer Madness
Posted on 24 Apr 2015 by Karen C. Yotis

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... Read More

Larson’s Spotlight: Top 10 Cases for 2011 That You Should Know About
Posted on 7 Dec 2011 by Larson's Spotlight

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... Read More

Five Recent Workers’ Comp Cases You Should Know About (7/8/2011) – Supreme Court Says FELA Does Not Use Common Law Concept of Proximate Cause
Posted on 8 Jul 2011 by Larson's Spotlight

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... Read More

Larson’s Spotlight: Top 10 Cases for 2011 That You Should Know About
Posted on 7 Dec 2011 by Larson's Spotlight

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... Read More

Five Recent Cases You Should Know About (11/5/2010)
Posted on 5 Nov 2010 by Larson's Spotlight

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... Read More