Affirming a decision of a split panel of the state’s Court of Appeals, the Supreme Court of Kansas sustained an award of death benefits to the widow of a worker...
Kansas Widow Rebuts Presumption of Marijuana Intoxication Kansas Widow Rebuts Presumption of Marijuana IntoxicationA Colorado appellate court recently affirmed a decision by the state's Industrial Claim Appeals Office that found an airline pilot’s widow and children were entitled to survivor benefits after the...
Colorado Court: Pilot Not Engaged in Personal Deviation in Spite of Elevated Alcohol Level in His Blood Colorado Court: Pilot Not Engaged in Personal Deviation in Spite of Elevated Alcohol Level in His BloodIn a decision not designated for publication, an appellate court from the state of Washington affirmed a jury’s determination that an injured worker was intoxicated to such an extent that...
Washington Landscaper Denied Benefits After "Blowing" Twice the Legal Limit Washington Landscaper Denied Benefits After "Blowing" Twice the Legal LimitAn Arkansas appellate court affirmed a decision by the state’s Workers’ Compensation Commission that held an injured worker had failed to rebut the presumption that his work-related injury was “substantially...
Arkansas Worker Fails to Rebut Presumption After Positive Drug Test Arkansas Worker Fails to Rebut Presumption After Positive Drug TestIn Louisiana, a positive drug test following a work-related injury may not be offered as evidence that the injured worker’s injuries were the result of intoxication at the time of...
Inadmissible Drug Test May Not Be Used to Show Employee Fraud in Louisiana Inadmissible Drug Test May Not Be Used to Show Employee Fraud in LouisianaPost-Mortem Shows Marijuana, Fentanyl, and Alcohol in Deceased Employee’s System In what appears to be the first case of its kind—an action filed against an employer for its allegedly inadequate...
Ohio Widow’s Action Against Ford for Failure to Implement Substance Abuse Policy is Barred by Exclusivity Defense Ohio Widow’s Action Against Ford for Failure to Implement Substance Abuse Policy is Barred by Exclusivity DefenseRules of Evidence Do Not Strictly Apply to Comp Hearings Stressing that in workers’ compensation hearings, the Kansas Rules of Evidence do not apply and that even hearsay evidence may...
Divided Kansas Court Says Lab Test Results Showing Marijuana Were Admissible Divided Kansas Court Says Lab Test Results Showing Marijuana Were AdmissibleYesterday, in a divided decision, the Court of Appeals of Mississippi reversed a decision by the state’s Workers’ Compensation Commission (“Commission”) that had denied an employee’s workers’ compensation claim because...
Mississippi Commission’s Decision to Deny Claim Because of Employee’s “Refusal” to Take Breathalyzer Test Cannot Stand Mississippi Commission’s Decision to Deny Claim Because of Employee’s “Refusal” to Take Breathalyzer Test Cannot StandThe Court of Appeals of Virginia recently reiterated that in order to defeat a claim for workers’ compensation benefits, it is not enough to show that an employee was intoxicated...
Virginia Employer Proves Employee Was Intoxicated, But Still Loses Case Virginia Employer Proves Employee Was Intoxicated, But Still Loses CaseAn Arkansas appellate court recently affirmed a denial of workers’ compensation death benefits to the surviving beneficiaries of a deceased worker who overdosed on methadone in 2009 while being treated...
Arkansas Court Affirms Denial of Death Benefits Related to Drug Overdose Arkansas Court Affirms Denial of Death Benefits Related to Drug OverdoseReiterating an important point, that in order to defeat a workers’ compensation claim it is generally insufficient to show that the injured worker was intoxicated at the time of the...
New Hampshire: Intoxication, Without Showing of Causation, Is Insufficient to Defeat Comp Claim New Hampshire: Intoxication, Without Showing of Causation, Is Insufficient to Defeat Comp Claim