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

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 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

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

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

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

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

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

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. How risky would it be if your mailroom... Read More

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

The Supreme Court of Ohio, in a divided decision, held that a worker who tested positive for marijuana after seeking medical treatment for a work-related injury was nevertheless eligible for TTD benefits in spite of the fact that he had been fired after... Read More

Last November, I had the pleasure of speaking at the 24th Annual National Workers’ Compensation and Disability Conference in Las Vegas. My session was a spin-off of what has become one of my most popular annual blog offerings—a presentation... Read More

Larson's Spotlight on Third Party Tortfeasor, Intoxication - Marijuana, Average Weekly Wage, Jurisdiction. 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

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. For a Schedule I drug with no currently... Read More

President Obama Signs Six-Year Extension of TRIA . President Obama Unveils Plan for Family Leave, Sick Days for Workers . Liberty Mutual 2014 Workplace Safety Index Lists Top 10 Causes of Workplace Injuries . NIOSH Examines Increased Risks of... Read More