A widow’s wrongful death action filed against her deceased husband’s employer for its failure to implement and maintain a substance abuse policy is barred by the exclusive remedy provisions of the Ohio Workers’ Compensation Act, held... Read More
Lexis.com users can link to the citations below . This is the time of year to eat, drink and be merry, right? Perhaps it is worthwhile to take a moment and consider what happens, from a workers’ compensation perspective, when an intoxicated employee... Read More
An employee of a funeral home drove a company van to a bar, he became intoxicated, and then he died in an accident on the way home. The court of appeals reversed a dismissal of the wrongful death claim from the minor child and surviving spouse against... Read More
By John Stahl, Esq. Whether proof that a workers’ compensation claimant ingested marijuana or another illegal substance within a relevant period before sustaining otherwise compensable harm justified denying workers’ compensation benefits... Read More
Larson's Spotlight on Willful Misconduct, Intoxication, Agility Test, and Cross-Examination of Physician. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... Read More
A Nebraska appellate court recently affirmed the dismissal of an employee’s claim for benefits based on a finding that the employee was intoxicated at the time of his accident and that his intoxication was a proximate cause of the accident and resulting... Read More
Rashness Versus Intention in Self-Injury Cases In a few cases, attempts have been made to invoke the intentional self-injury defense when, although the workers obviously did not really intend to harm themselves, their conduct was so rash that the defendants... Read More
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
Proof that an employee was intoxicated at the time of his or her injury is not sufficient to defeat the claim, held a Virginia appellate court recently; the employer must also prove that the intoxication caused the accident resulting in injury. Where... Read More
Larson's Spotlight on Independent Medical Examination, Intoxication, Intentional Tort, and Defense Base Act. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'... Read More
It’s in the bag—urine that is. And can you even begin to guess why this claimant was wearing a bag of urine? I will let the ever-victorious Cheryl Ward tell it (eventually), but before I do, I just cannot contain myself--this case is a veritable... Read More
Harken back to my post of 4/14/15- “Section 2353 Extravaganza….” . That was the Roger Johnson v. R.C. Fabricators case which dealt with a Section 2353(b) forfeiture defense by virtue of intoxication, involving an injured worker with... Read More
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
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
CALIFORNIA COMPENSATION CASES Vol. 76 No. 12 December 2011 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE... Read More