LexisNexis® Legal Newsroom
Thomas A. Robinson
Virginia: Proving Employee’s Intoxication Insufficient to Defeat Claim

Proof that an employee was intoxicated at the time of his or her injury is not sufficient to defeat the claim, held a Virginia appellate court recently; the employer must also prove that the intoxication caused the accident resulting in injury. Where...

Brad Wixen
California: Negative Inference and Positive Presentation

Currying Judicial Discretion In Valdovinos v. Colormax Industries Inc., 2016 Cal. Wrk. Comp. P.D. LEXIS 676 , Applicant alleged primarily a continuous trauma injury based on some 30 years of employment because of exposure to chemicals. He suffered...

LexisNexis Workers' Comp Law Newsroom Staff
Kansas Recent Drug Test Case and Its Implications for Employers

Court held that providing an inadequate urine sample is not a refusal to take a drug test In Byers v. Acme Foundry, 2017 Kan. App. LEXIS 12 (Jan. 27, 2017), a Kansas appellate court recently held that the term “refusal,” as it is used in...

Thomas A. Robinson
New Mexico: Six-Year Delay by Uninsured Fund to Reinstate Reimbursement Petition Was Untimely

A New Mexico trial court did not abuse its discretion in refusing to reinstate a 2006 Petition filed by the Uninsured Employers’ Fund (“UEF”) against an employer where the UEF’s Petition was initially dismissed, without prejudice...

Thomas A. Robinson
Kentucky: Waitress was Variable Wage Employee in Spite of Unreported Income Issue

The Supreme Court of Kentucky held that while KRS 342.140(6) excludes unreported income from a workers’ average weekly wage calculation, it does not change the nature of the worker’s pay or the method to be used for calculating the AWW based...

Thomas A. Robinson
United States: Employer May Offset Workers’ Comp Benefits Against Amounts Owed Under Long-Term Disability Plan

The 9th Circuit Court of Appeals affirmed a decision by a U.S. District Court judge that held, as a matter of law, that an employer was entitled to offset an injured worker’s PPD workers’ compensation benefits against the worker’s long...