Workers' Compensation

Recent Posts

Kansas: Worker's Surviving Spouse Successfully Rebuts Marijuana Presumption
Posted on 18 Sep 2020 by Thomas A. Robinson

The Supreme Court of Kansas agreed that the widow of a worker who sustained fatal injuries in a fall at work rebutted the presumption of intoxication afforded the employer where two drug tests showed the presence of marijuana in the worker's system... 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

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

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... Read More