larson's on intoxication |
Amputated Fingertips, Marijuana, and Oxycontin Vapors: Larson's and the Law of Intoxication, by John Stahl, Esq. Whether proof that a workers' compensation claimant ingested marijuana or another illegal substance within a relevant period before sustaining otherwise compensable harm justified denying workers' compensation benefits for that harm demonstrates the "it depends" legal principle. Recent workers' compensation rulings by the Alaska Workers' Compensation Board and Arkansas Division of Workers' Compensation demonstrate that one relevant factor was whether adequate proof existed that the claimant was under the influence of the illegally, or improperly, used substance when the work-related injury occurred. Another consideration was whether any intoxication that coincided with a compensable incident played a highly significant role regarding that harm. Read more.
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Larson's on laid off worker |

The Great Recession "Catch 22" for Laid Off Worker With No Average Weekly Wage, by Thomas A. Robinson.As if being laid off from his job as a mechanic weren't enough, a Kentucky volunteer firefighter recently learned that the state's Court of Appeals agreed with the Kentucky Workers' Compensation Board and affirmed a decision that he could not recover permanent disability benefits because he had no "regular employment" at the time of the injury and, therefore, no average weekly wages from which to compute his award. While the firefighter was driving to the scene of an emergency, he was struck by another vehicle and sustained injuries to his back, neck, and shoulder. Read more about this case and other cases on marijuana presumption, slip and fall, and injury during paid break. |