Workers' Compensation

Recent Posts

Washington: Blood Alcohol Test Supports Finding of Intoxication
Posted on 20 May 2020 by Thomas A. Robinson

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

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

Kansas: Marijuana Test Results Should Have Been Admitted into Evidence
Posted on 21 Feb 2019 by Thomas A. Robinson

Reiterating that in Kansas, because of multiple concerns, the rules of evidence do not apply to workers’ compensation hearings, a Kansas appellate court held the state’s Workers’ Compensation Board should not have excluded the results... Read More

Mississippi: Claimant’s Failure to Submit to Breathalyzer Does Not Necessarily Defeat Claim
Posted on 4 Aug 2017 by Thomas A. Robinson

In a split decision, a Mississippi appellate court held that an injured worker should not have been disqualified from receiving workers’ compensation benefits because he failed to submit to a post-accident breathalyzer test. The Court found that... Read More