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Cocaine Use, Not Needle Stick, More Likely Cause of Hepatitis C: Cal. Comp. Cases February Advanced Postings (2/20/2014)

Here’s the fourth batch of advanced postings for the February 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Jose Morfin, Petitioner v. Workers'...

Kansas: To Bar Recovery, Drug Impairment Must Be Contemporaneous With Onset of Injury or Condition

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 and also that the impairment contributed...

Louisiana: Injured Employee Successfully Rebuts Positive Post-Accident Drug Test

A Louisiana appellate court, acknowledging that La.R.S. 23:1081 provided the defense of intoxication and also provided an employer with certain presumptions if an injured employee tested positive for various drugs and controlled substances, nevertheless affirmed an award of benefits, penalties, and attorney’s...

Mississippi: Cocaine Use Three Days Prior to Fall Dooms Trucker’s Claim

A Mississippi appellate court affirmed a finding by the state’s Workers’ Compensation Commission that a truck driver’s intoxication proximately caused his injuries and, thereby, disqualified him from receiving benefits. The driver exited his truck, fell, and was injured. He received...

Texas: Worker Was Not Intoxicated from Cocaine in Spite of “Doing Two Lines” Several Days Prior to Accident

A Texas appellate court affirmed a jury’s determination that an injured worker was not intoxicated when he sustained injuries in an electrical explosion in spite of the fact that a urine sample taken at a nearby hospital tested positive for benzoylecgonine, a cocaine byproduct remaining in the...

Missouri: Dependent Awarded Life-time Comp Benefits After His Father’s Cocaine-related Death

Agnew sustained catastrophic injuries when he was 22 years old after he fell from a roof in 1999. He sustained T9 paraplegia and required multiple spinal surgeries and psychiatric admissions. He received multiple treatment involving more than $2.2 million in care. In 2008 he was found dead in a Wal-mart...

Missouri Skips the Light Fandango Denying Comp Drug Penalty

The Commission affirmed a denial of an anti-drug policy defense to a permanent total claimant who appeared to have used cocaine shortly before the accident. Hertzing v Beck Motors , 2015 Mo WCLR Lexis 2 (lexis.com), 2015 Mo WCLR Lexis 2 (Lexis Advance) (January 9, 2015) The employer introduced a drug...