An airline pilot's "deviation" ceased when he and a colleague stopped drinking and retired to the colleague's hotel room--the pilot was so inebriated that he could not find his own hotel--held a Colorado appellate court. Accordingly... Read More

A Washington jury could appropriately determine that at the time of a worker's injury, he was so intoxicated that he had abandoned his employment, where evidence indicated the worker's blood alcohol level was substantially above the legal limit... Read More

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

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

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

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

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

© Copyright 2014 LexisNexis. All rights reserved. For reprint permission, contact Robin.E.Kobayashi@lexisnexis.com . During the past several Januarys, I’ve shared with readers my annual list of bizarre workers’ compensation cases for... Read More

Injuries sustained by a sales manager for a beverage distributor in an auto accident as he and a co-employee returned home at 1:00 a.m., after delivering beer more than six hours earlier to one of their employer’s restaurant customers, and also... Read More