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

New Hampshire: High Court Hints that Carriers Might Have to Pay for Medical Marijuana
Posted on 22 Mar 2019 by Thomas A. Robinson

In a decision that cast some light on the issue of medical marijuana use by workers’ compensation claimants in New Hampshire, but which did not answer all pertinent questions definitively, the state’s Supreme Court held that the Appeals Board... 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

Understanding the Concept of 'Legal Impairment': Legalized Marijuana in the Workplace
Posted on 13 Apr 2013 by John Stahl

By John Stahl, Esq. The legal implications of decriminalizing limited marijuana-related activity in some states extend beyond basic challenges such as amending zoning laws to accommodate medical marijuana dispensaries. The associated increasingly large... 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

Missouri: Smoking Pot May Support Disability Claim
Posted on 28 Nov 2012 by Martin Klug

The commission reversed a denial of benefits and awarded permanent total benefits against the Second Injury Fund and noted that a prior habit of smoking pot daily for twenty years might be regarded as a hindrance or obstacle to employment. Mandina v Glass... Read More

Larson’s Spotlight on Recent Cases: Restaurant Waiter’s Choking on Quesadilla Was Not Actual Risk of Employment
Posted on 20 Jul 2012 by Larson's Spotlight

Larson's Spotlight on Risk of Employment, PTSD claim, Intoxication Presumption and Marijuana, and Tort Action Against Employer. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for... Read More

Texas: Truck Driver’s Estate Fails to Rebut Marijuana Intoxication Presumption
Posted on 24 Jul 2015 by Larson's Spotlight

A Texas appellate court affirmed a trial court’s decision that a truck driver’s death in a vehicular accident did not arise out of and in the course of the employment where an autopsy report revealed the presence of THC, the active ingredient... Read More

Applicant Shot at Illegal Marijuana Growing Business Suffered Compensable Injury: Cal. Comp. Cases December Advanced Postings (12/16/2015)
Posted on 17 Dec 2015 by California Compensation Cases Staff

Here’s the latest batch of advanced postings for the December 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All... Read More

The Drug Law Evolution and The Workplace
Posted on 14 Aug 2014 by Roger Rabb

The proverbial sky could fall soon for drug testing and drug policies Since 1970, marijuana has been listed as a Schedule I controlled substance under the Controlled Substances Act, making the possession and usage of marijuana illegal under federal... 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

Duty to Develop Record When Inadequate Medical History Regarding Applicant’s Marijuana Use: Cal. Comp. Cases April Advanced Postings (4/16/2013)
Posted on 17 Apr 2013 by California Compensation Cases Staff

Here’s the fourth batch of advanced postings for the April 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2013 LexisNexis. All rights... Read More

Texas: Deceased Worker’s Family Successfully Rebuts Marijuana Intoxication Presumption
Posted on 4 Aug 2016 by Thomas A. Robinson

Where lay witnesses testified that the decedent had the “normal” use of his mental and physical facilities on the day of an employee’s fatal accident, a jury could reasonably find that the deceased employee’s beneficiary had sufficiently... Read More