Tag Archives: prescription

Louisiana: Prescriptive Period Does Not Commence Until Party Has Knowledge of Cause of Action

Applying the “discovery rule” [see Larson’s Workers’ Compensation Law, § 126.05], pursuant to which the prescription period may be suspended where the cause of action is not known or reasonably knowable by the plaintiff, a Louisiana appellate court reversed the … Continue reading

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New Mexico: Health Care Provider’s “Certification” of Medical Marijuana is Functional Equivalent of Prescription for Injured Worker

An authorized treating health care provider’s “certification” authorizing the use of medical marijuana under New Mexico’s Compassionate Use Act [N.M. Stat. Ann. § 26–2B–1 et seq.] is the functional equivalent of a prescription, held the Court of Appeals of New … Continue reading

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Texas Widow Prevails In Death Claim Case By Showing Husband’s Drug Overdose Could Have Been Caused By Side Effects of Prescription Pain Medication

It is axiomatic in workers’ compensation law that a subsequent injury, whether an aggravation of the original injury or a new and distinct injury, is compensable if it is the direct and natural result of a compensable primary injury [see … Continue reading

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