Five Recent Cases You Should Know About (4/26/2010)

Five Recent Cases You Should Know About (4/26/2010)

Larson’s Spotlight on Marijuana, Retaliatory Discharge, Coughing, Intoxication Defense, and Accidental Injury. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson’s Workers’ Compensation Law, has compiled the list below.

NY: Worker Awarded Benefits In Spite of High Levels of Marijuana Metabolites in System

A New York appellate court has affirmed an award of benefits to boilermaker who injured both feet in a fall in spite of the fact that a urine sample taken 18 hours after the incident revealed the presence of an abnormally high level of marijuana metabolites in the worker’s system.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 N.Y. App. Div. LEXIS 3182. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 36.03.

WHAT’S THE DIFFERENCE BETWEEN lexisONE AND LexisNexis? Compare the differences between lexisONE free case law and LexisNexis fully featured case law to see what you get with each service.

IA: Supervisor Who Actively Supports Others’ Compensation Claims May Be Fired With Impunity

The Supreme Court of Iowa recently ruled that Iowa public policy does not protect a supervisor or co-employee who interjects himself or herself into a workers’ compensation claim filed by another worker.  The court stressed that while public policy protected injured employees, it did not extend to a supervisor who was fired when he became involved in a heated conversation with his own supervisor regarding whether two injured employees would be properly compensated.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Iowa Sup. LEXIS 29. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 104.07.

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MO: Coughing Incident Was Not Idiopathic Condition; Injuries Were Compensable

The Court of Appeals of Missouri has reversed a finding by the state Labor and Industrial Relations Commission that had found a truck driver’s coughing episode that occurred just before a vehicular accident was an idiopathic condition.  The appellate court accordingly reversed a denial of benefits.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Mo. App. LEXIS 418. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, §§ 7.04, 9.01.

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PA: “Magic Words” Not Required to Establish Intoxication Defense

A Pennsylvania appellate court has reversed a finding of the state’s Workers’ Compensation Appeals Board that the employer never established that intoxication was the cause in fact of the claimant's injuries.  The court indicated that no “magic words” were required to meet the statutory requirement that injury or death would not have occurred “but for” the intoxication; the employer must establish that intoxication was “the cause in fact” of the injury.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 Pa. Commw. LEXIS 187. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 36.03.

WHAT’S THE DIFFERENCE BETWEEN lexisONE AND LexisNexis? Compare the differences between lexisONE free case law and LexisNexis fully featured case law to see what you get with each service.

NC: Traffic Officer’s Achilles Tendon Injury Was Not Accidental

An airport traffic control officer who sustained an Achilles tendon injury as he stepped backwards from an airport curb did not sustain a compensable “accidental” injury, agreed a North Carolina appellate court; there was no “unusual or unforeseen circumstance” that interrupted the work routine.

FREE VERSION: Access the case on lexisONE free case law. Click on tab for Free Case Law. Click on the radio button for Search by Citation. Enter this citation: 2010 N.C. App. LEXIS 639. Then click on the red button Search for Free. Note: If you haven’t registered for free at lexisONE, you will be prompted to do so in order to access the free case law.

FULLY FEATURED VERSION: Lexis.com subscribers can read the fully featured case here. See generally Larson's Workers' Compensation Law, § 43.01.

WHAT’S THE DIFFERENCE BETWEEN lexisONE AND LexisNexis? Compare the differences between lexisONE free case law and LexisNexis fully featured case law to see what you get with each service.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

 Offer good thru April 2010.