LexisNexis® Legal Newsroom
MO: Claimant Avoids Mandatory Drug Test by “Good Faith” Effort

The employer failed to prove claimant "refused" to take a mandatory urine drug test following an injury to his thumb, when claimant made a "good faith" attempt to urinate and claims he was just too dehydrated. The case is Todd v Alstom Power Inc ., DOLIR 5-20-10. Section 287.120...

Drug Tests Often Give False Positives, Certain Opioid Drugs Not Screened

NEW ORLEANS, LA - At a recent American Psychiatric Association's annual meeting, Dwight Smith, MD, of Boston Medical Center, gave a presentation on how drug abuse tests often give inaccurate results and how most standard drug tests don't screen for various opioid drugs, including oxycodone, methadone...

Five Recent Cases You Should Know About (11/5/2010)

Larson's Spotlight on Misrepresentation, Spoliation of Evidence, Marital Relationship, Drug Test, and Disqualification. 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...

Five Recent Workers’ Comp Cases You Should Know About (7/8/2011) – Supreme Court Says FELA Does Not Use Common Law Concept of Proximate Cause

Larson's Spotlight on FELA, Malicious Prosecution, Tort Action Against Employer, Jones Act, and Retaliatory Termination. 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...

Larson’s Spotlight: Top 10 Cases for 2011 That You Should Know About

It’s time to look back on the past year’s top cases to help us identify possible national trends. While many of these cases are state decisions, there are far reaching implications to be found in each of them. Here’s our selection for the top 10 workers’ comp cases that you should...

Arkansas: Court Says Injured Worker Successfully Rebutted Statutory Presumption Related to Illegal Drugs

As is the case in a number of other jurisdictions, if an Arkansas worker tests positive for, among other things, marijuana metabolites, following a work-related injury, the employer enjoys a rebuttable presumption that the injury or accident was “substantially occasioned” by the use of illegal...

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...

Texas: Court Agrees That Worker Was Fired For Refusing Drug Test, Not Contemplating Workers’ Comp Claim

A Texas appellate court affirmed summary judgment in favor of a former employer in a retaliatory discharge case filed against it by a worker who was terminated when he refused to take a drug test following a collision between the worker’s truck and another driven by a co-worker. The worker contended...

Missouri: Commission Doesn’t Believe Employer That He Requested a Drug Test

The employer failed to show it required a drug test after a work accident and now owes for ongoing temporary benefits because the worker states his severe chronic back pain is worse since his accident. King v American Employment Group , 2014 Mo WCLR Lexis 143 (lexis.com), 2014 Mo WCLR Lexis 143 (Lexis...

ACOEM Guidance on Marijuana in the Workplace: Keeping Employers Sane Amidst the Reefer Madness

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. For a Schedule I drug with no currently accepted medical use (at least according to the United...

North Carolina: No In-State Contract of Employment Where Driver Required to Undergo Three Days of Orientation and Tests in Mississippi Prior to Final Hire

A truck driver’s contract of employment was not made in North Carolina where he was required to complete a three-day orientation, a road test, a drug test, and a physical exam in Mississippi—a hiring procedure that extended well beyond mostly administrative paperwork. That the driver was...

Federal: Federal Court Oks Firing for Use of Medical Marijuana

In a case of first impression in the District of New Mexico, a federal district court held that an employer was under no obligation to accommodate an employee’s use of medical marijuana, even where the drug had been supplied to the employee under New Mexico’s Compassionate Use Act (“CUA”...