LexisNexis® Legal Newsroom
Opiates, Up Close and Personal

By Robert G. Rassp, Esq. I lost a friend recently. He had an “accidental” overdose of fentanyl. He was 53 years old. He graduated with honors from Harvard Medical School and became a skilled plastic surgeon with a fellowship in hand surgery. He taught me about hands, elbows and CRPS, and...

Opiates, Up Close and Personal

By Robert G. Rassp, Esq. I lost a friend recently. He had an “accidental” overdose of fentanyl. He was 53 years old. He graduated with honors from Harvard Medical School and became a skilled plastic surgeon with a fellowship in hand surgery. He taught me about hands, elbows and CRPS, and...

Vicodin Overdose, "Ogilboeuf", Same Sex Domestic Partner: Cal. Comp. Cases December Advanced Postings (12/22/2013)

Here’s the latest batch of advanced postings for the December 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2013 LexisNexis. All rights reserved. City of Foster City, The Cities...

California Supreme Court Rules “Some Contribution” to Causation in Death Case Sufficient for Liability

The California Supreme Court has reversed a Court of Appeal decision which had in turn reversed a W.C.A.B. award of dependency benefits in South Coast Framing v. W.C.A.B. (Clark) .The Supreme Court decision reinstates the W.C.A.B. award of dependency benefits and explicitly rejected the Court of Appeals...

California: South Coast Framing

The recent California Supreme Court case, South Coast Framing Inc. v. WCAB (Jovelyn Clark) clarifies the standard of causation in a workers’ comp death case. In day to day workers’ comp practice the decision will probably be helpful to workers’ comp claimants who are litigating to...

Injured Worker’s Death Due to Overdose of Medication: Breaking the Chain of Causation

Key takeaways from a recent Tennessee case for both injured workers and employers When do an injured worker’s actions, which led to a tragic overdose of opioids in the Kilburn case, constitute an independent intervening cause and thereby release the employer of liability for subsequent injuries...

Tennessee: Injured Worker’s Death Due to Overdose Was Not Compensable

Reversing a decision of a state chancery court that had found an injured worker’s death due to acute oxycodone overdose, coupled with alcohol use, to be compensable, the Supreme Court of Tennessee held that the actions of the worker, in taking more of his opioid medication than prescribed and consuming...