A decision denying death benefits to the surviving spouse of a New Hampshire worker who died from an overdose of oxycodone and heroin was affirmed by the state’s Supreme Court. The worker, who suffered a serious ankle fracture as a result of a work-related...
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 a state appellate...
By Robert G. Rassp, Esq. Marijuana is used medicinally or recreationally once a year by at least 128 million people in the world since 2012 according to global epidemiology studies. Growing up in California means easy access to marijuana from elementary school...
A report from the California Workers’ Compensation & Risk Conference, Sept. 10-12, 2014, Dana Point, CA By David Bryan Leonard, Esq. Without pause, Christine Baker, Director of the California Department of Industrial Relations, took the stage immediately...
Over the past two decades, prescription drug abuse has been on the rise. The public health dangers associated with this disturbing trend are self-evident. In an ongoing effort to curb this abuse, most states have over the years adopted some form of electronic prescription...
Despite efforts to curb the use and cost of opioids in California workers’ comp, new CWCI research finds the use of these drugs has remained at record levels since 2010, that virtually the same 3% of high-volume Schedule II opioid prescribing doctors continue...
A Kansas appellate court held that the state’s statutory provision barring workers’ compensation benefits to “impaired” workers, K.S.A. 2010 Supp. 44-501(d)(2), requires the employer to prove the worker was impaired at the time of the injury...
A retail employee, who was shot multiple times by assailants who had returned to the store in apparent retaliation for the employee’s reporting of an earlier robbery to police, and who developed PTSD as a result of the incident, was appropriately awarded...
Money Can’t Buy Happiness, But It May Help You Live Longer The panoply of interrelated research on longevity appears to be coalescing around a consensus that socioeconomic status (“SES”) is an important indicator of life expectancy. Data suggests...
I have come to realize that there are no easy solutions for the MSP problems we face in claims because the MSP is not the problem. Our MSP issues are collateral damage of more systemic societal problems we face as a nation. We clearly do not know how to treat chronic...
By Robert G. Rassp, Esq. © Copyright 2014. Excerpted from The Lawyer’s Guide to the AMA Guides and California Workers’ Compensation , 2014 Edition (LexisNexis). Reminder to Calif. Workers' Compensation Judges: You have access to this...
Attention Lexis Online Subscribers: Case citations link to lexis.com. Bracketed case citations link to Lexis Advance. A 33 year old woman in Marion County hurt her back lifting a box of books, had back surgery and asserts she was unable to work due to nonunion...
The bad news is that opioid abuse related to treating chronic pain remains a serious problem for every workers’ compensation system participant. The good news is that many workers’ compensation jurisdictions are increasing their efforts to reduce this situation...
By John Stahl, Esq. The double-edged sword regarding using opioids to relieve pain associated with compensable harm is that the workers’ compensation claimants benefit from the effects of feeling little or no pain and health-care practitioners value the profitable...
NCOIL Conference to Address Physician Repackaging, Volunteer Firefighters, Migrant Workers . PCI Announces 2012 State Advocacy Priorities, Need to Combat Rising WC Costs . National Drug Abuse Summit to Be Held April 10-12, Orlando, FL . CDC Posts...