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Find Solutions & Strategies April 2, 2012 |
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 Statutory Presumption of Intoxication
The presumption doesn't always ensure an easy win for employers | |
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| A Note From The Editor | |
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Dear WC Professionals:
To sign up for this free, weekly eNewsletter, email me your full name and email address, along with your request for the National Edition.
Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
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intoxication presumption | |
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. ... The great majority of jurisdictions, however, provide an exception when it comes to voluntary intoxication that renders an employee incapable of performing his or her work. Such intoxication is usually held to be a departure from the course of employment sufficient to defeat a claim for workers' compensation benefits. > Read more. |
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| mining disaster hearing | |
 House Committee Blames Regulators and Operator for Upper Big Branch Mine Disaster: Better Enforcement and Safety Programs Might Have Saved Lives, by John Stahl, Esq. The House Committee on Education and the Workforce (Committee) conducted a March 27, 2012, hearing on the 2010 West Virginia mining tragedy at the Upper Big Branch (UBB) mine. The Committee concluded that the mine operator disregarding safety standards caused the fatal explosion. The Committee also cited a lack of enforcement by the Mine Safety and Health Administration (MSHA) in the U.S. Department of Labor as a significant factor. > Read more.
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| Larson's spotlight: medical opinions | |
Clash of Medical Opinions Over Surgery to Correct Injured Worker's Enlarged Breast Condition, by Thomas A. Robinson. Disagreements between the physician providing treatment to a workers' compensation claimant and "the company doctor" abound. How can a hearing officer or judge, who has no specialized medical background, determine which expert, if any, is correct in his or her assessment. In a number of states, where there is such a disagreement, an additional expert may be employed to advise the Commission or Board with regard to the medical aspects of the claimant's condition. A good example is a Florida provision, § 440.13(9)(c), Fla. Stat., that provides for the appointment of an expert medical advisor (EMA) where there is a conflict in the medical opinions offered in the claims dispute. Since such experts don't grow on trees, it can take some time before a qualified expert can be identified who will agree to take on the case. > Read more about this case and other noteworthy cases. |
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| blogs at the lexisnexis workers' comp law community |
 Workers' Comp Fraud Blotter: Labor Investigator Forfeits Gold Bars, Coins, Lexus, and Homes On Way To Federal Prison, by LexisNexis Workers' Compensation Law Community Staff. Read it.
 The Game Is Afoot: Delaware IAB Has Its First Application of Watson, by Cassandra Roberts, Esq. Read it.
 Missouri: Storm Chasing Chief Awarded Benefits for Slipping at His Home, by Martin Klug, Esq. Read it.
 West Virginia Supreme Court Continues Trend of Weakening Medical Management Guidelines, by H. Dill Battle, III. Read it.
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ENEWSLETTER ARCHIVES |
Take a deep dive into our past eNewsletters for 2012 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.
March 26, 2012: U.S. Supreme Court Decides Roberts (LHWCA case).
March 19, 2012: Recent Medicare Set-Aside Changes.
March 12, 2012: SCOTUS Hears Roberts Oral Argument.
March 5, 2012: The Defense of Intentional Self-Injury.
February 27, 2012: Workers' Comp Reform: Spotlight on North Carolina.
February 21, 2012: Workers' Comp Reform: Spotlight on Illinois.
February 13, 2012: Exclusivity & Intentional Torts Under LHWCA.
February 6, 2012: Chronic Pain Treatment: New Attitudes and Alternatives.
January 30, 2012: Impact of Workers' Comp Reform: NY and CA.
January 23, 2012: Economic Costs of Occupational Injuries.
January 17, 2012: U.S. Supreme Court Decision on Outer Continental Shelf.
January 9, 2012: Top 10 Bizarre Cases for 2011.
January 2, 2012: 10 Myths and Facts About Workers' Compensation.
ACCESS 2010-2011 ARCHIVES AND ARTICLES LIST HERE. |
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