Workers' Compensation

Recent Posts

Ohio: Employer Not Liable For Failure to Implement Substance Abuse Policy
Posted on 22 Mar 2019 by Thomas A. Robinson

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

California: When Holiday Cheer Spills Over to the Workplace
Posted on 17 Dec 2012 by Calif. WCAB Noteworthy Panel Decisions Reporter

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

Missouri: Court Allows Wrongful Death Claim Against Employer for Intoxicated Employee
Posted on 20 Sep 2012 by Martin Klug

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

Amputated Fingertips, Marijuana, and Oxycontin Vapors: Larson's and the Law of Intoxication
Posted on 21 Sep 2012 by John Stahl

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 Recent Cases: Court Adopts “Larson” Test for Willful Disobedience of Safety Rules
Posted on 18 May 2012 by Larson's Spotlight

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

Nebraska: Bartender’s Fall After Consuming Multiple Shots Dooms Comp Claim
Posted on 7 Feb 2014 by Larson's Spotlight

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

The Defense of Intentional Self-Injury: Russian Roulette, Workplace Frustration, Accidental Drug Overdose, and More
Posted on 2 Mar 2012 by Larson's Spotlight

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

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

Virginia: Proving Employee’s Intoxication Insufficient to Defeat Claim
Posted on 2 Mar 2017 by Thomas A. Robinson

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 Recent Cases: Claimant’s Right to Record Independent Medical Examination
Posted on 30 Nov 2012 by Larson's Spotlight

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

Section 2353 Extravaganza In Delaware: A Forfeiture Based On Both Intoxication and Failure To Use a Safety Device
Posted on 14 Apr 2015 by Cassandra Roberts

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

Proud Mary Rocks New Year’s Eve…..and the Intoxication Defense is Upheld in Delaware
Posted on 30 Dec 2015 by Cassandra Roberts

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

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

California Workers' Comp Case Roundup (1/5/2012) - Messele III en banc
Posted on 6 Jan 2012 by California Compensation Cases Staff

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