LexisNexis® Legal Newsroom
Six Ways to Control Transportation-Related WC Costs

Asheville, NC (CompNewsNetwork) - While the average vehicle crash cost to an employer, according to the National Institute of Occupational Safety and Health (NIOSH) is $16,500, it rises to $74,000 when a worker is injured in the crash. Whether you manage a full fleet or a few vehicles, this is a high...

DC: Court Denies Post-Traumatic Stress Disorder Claim of Worker Who Underwent Drug and Alcohol Testing

DISTRICT OF COLUMBIA - The District of Columbia Court of Appeals has affirmed the finding of an ALJ that a fired PEPCO worker was not entitled to workers' compensation benefits with respect to his claim of post-traumatic stress disorder. While working at PEPCO, the worker was suspected of being drunk...

Five Recent Cases You Should Know About (1/7/2011)

Larson's Spotlight on Refusal to Take Drug Test, Tort Action Against Co-Worker, Firefighter Presumption, Employer’s Voluntary Payment of Benefits, and Maximum Medical Improvement. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer...

California Workers’ Compensation Case Roundup 4/12/2011

Vol. 76 No. 3 March 2010 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review IMPORTANT NOTE: Lexis.com subscribers can link to the cases to read the complete headnotes and summaries...

Statutory Presumptions of Intoxication and Drug Use Don’t Always Ensure an Easy Win for Employers

By Thomas A. Robinson At the heart of the workers’ compensation bargain is the essential doctrine that employee fault should generally not be considered when determining the compensability of the employee’s claim. Indeed, as Dr. Larson has so skillfully written: “Misconduct of the...

CWCI Estimates California Workers’ Comp Drug Testing Costs Hit $98 Million in 2011

A new California Workers’ Compensation Institute (CWCI) study finds that widespread use of narcotic painkillers to treat work-related injuries – including relatively minor injuries where their use is not supported by medical evidence -- has fueled exponential growth in the use of drug testing...

Larson’s Spotlight on Recent Cases: Restaurant Waiter’s Choking on Quesadilla Was Not Actual Risk of Employment

Larson's Spotlight on Risk of Employment, PTSD claim, Intoxication Presumption and Marijuana, and Tort Action Against Employer. 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...

Contract for Hire in California, Drug Testing, Corporate Umbrella: Cal. Comp. Cases January Advanced Postings (1/4/2014)

Here’s the first batch of advanced postings for the January 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. ACIG Insurance Company, insurer...

Federal: Former Employee’s Retaliatory Discharge Action for Refusing Drug Test Associated with Comp Claim Fails

The Seventh Circuit Court of Appeals recently held that a federal district court’s summary judgment in favor of a former employer was appropriate in a discharged employee’s retaliatory discharge action, arising from the latter’s refusal to take a drug test upon his initiation of a workers’...

The Drug Law Evolution and The Workplace

The proverbial sky could fall soon for drug testing and drug policies Since 1970, marijuana has been listed as a Schedule I controlled substance under the Controlled Substances Act, making the possession and usage of marijuana illegal under federal law. Employers have traditionally relied on this...

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...

Section 2353 Extravaganza In Delaware: A Forfeiture Based On Both Intoxication and Failure To Use a Safety Device

It’s in the bag—urine that is. And can you even begin to guess why this claimant was wearing a bag of urine? I will let the ever-victorious Cheryl Ward tell it (eventually), but before I do, I just cannot contain myself--this case is a veritable trifecta of legal wonders: · No comp...

Workplace Policies on Medical Marijuana: Some Guidance on the Complex, Chameleon-like Legal and Medical Issues Involved

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. How risky would it be if your mailroom employees used medical marijuana at work? Would your...

Colorado Supreme Court Upholds Termination of Medical Marijuana-Smoking Dish Employee

June 15, 2015 No. 13SC394, Coats v. Dish Network In a highly anticipated decision, the Supreme Court of Colorado unanimously held this week that an employer may justifiably terminate an employee for his off-duty conduct, despite the employee’s adherence to state law governing medical marijuana...

The Impact of OSHA Developments on Workers’ Comp: Ch-ch-changes (Turn and Face the Shame)

Warning Employers About a New Enforcement Paradigm By Karen C. Yotis, Esq., Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter Something’s afoot at the Occupational Safety & Health Administration, and it’s the kind of sea change that should have...

CWCI Report Examines Growth of Drug Testing in California Workers’ Comp

A new California Workers’ Compensation Institute (CWCI) study quantifies the growing use and cost of drug tests performed on California injured workers in conjunction with the expanded use opioid painkillers, reveals shifts in the types of tests performed after Medicare tightened the rules used...

Proud Mary Rocks New Year’s Eve…..and the Intoxication Defense is Upheld in Delaware

Harken back to my post of 4/14/15- “Section 2353 Extravaganza….” . That was the Roger Johnson v. R.C. Fabricators case which dealt with a Section 2353(b) forfeiture defense by virtue of intoxication, involving an injured worker with a fondness for both cannabis and cocaine. Surely...

Ohio: Worker May Receive TTD Benefits In Spite of Positive Drug Test After Injury

The Supreme Court of Ohio, in a divided decision, held that a worker who tested positive for marijuana after seeking medical treatment for a work-related injury was nevertheless eligible for TTD benefits in spite of the fact that he had been fired after the injury for violating the employer’s drug...

Kansas: Providing Inadequate Urine Sample is Not Refusal to Take a Drug Test

The term “refusal,” as it is used in Kan. Stat. Ann. § 44–501(b)(1)(E)(2012), carries with it an element of willfulness, indicated a state appellate court recently. Accordingly, where an injured Kansas worker was unable to provide an adequate urine sample in a post-injury drug...

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 Kan. Stat. Ann. § 44–501(b)(1)(E)(2012...