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Vol. 3, Issue 38

Find Solutions & Strategies                      September 24, 2012

Intoxication PresumptionAmputated Fingertips, Marijuana, and Oxycontin Vapors 
     

Larson's and the law of intoxication

In This Issue
-INTOXICATION
-LARSON'S SPOTLIGHT: Average Weekly Wage, Marijuana Presumption, Slip and Fall, Injury During Paid Break
-FRAUD, DE surgery, MO intoxication, MO prior condition
-NATIONAL NEWS
-STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From The Editor
Robin Kobayashi 2010    

Dear Workers' Comp Community:

 

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Robin E. Kobayashi, JD
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larson's on intoxication

Stahl, JohnAmputated 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.

Larson's on laid off worker

Tom Robinson thumbnail

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.

lexisnexis workers' comp law community

Fraud SignWorkers' Comp Fraud Blotter:  Sharon Stone Pleads Guilty to Workers Comp Fraud After Faking Her Age By 30 Years, by LexisNexis Workers' Compensation Law Community Staff. Read it. 

  

 

 

CassandraPut the Knife Back in the Butcher Block, Please...Another Ditty About Surgery at the Delaware IAB, by Cassandra Roberts, Esq. Read it. 

 

  

 

 

 

Martin KlugMissouri: Court Allows Wrongful Death Claim Against Employer for Intoxicated Employee, by Martin Klug, Esq. Read it.

 

 

 

 

Martin KlugMissouri: Supreme Court to Decide if Second Injury Fund Must Pay for Minor Prior Medical Conditions, by Martin Klug, Esq. Read it.

 
national news
state news

AL: NCCI Files 4.8 Percent Increase in Loss Cost Rate.

CA: Governor Signs SB 863 Comprehensive Workers Comp Reform.

CA: ACIC Pushes for Timely, Effective Implementation of SB 863.

CA: WCIRB Actuarial Committee to Continue Evaluation of SB 863.

CA: WCIRB Star Cutover Proceeding as Planned; Normal Operations to Resume 9/24.

CA: DWC Announces Working Groups for SB 863 Regulations.

CA: Fitch Ratings: SB 863 Reforms Will Result in Slight Benefit for Insurers.

CO: Governor Appoints Michael Mitchell to Workers Comp Cost Containment Board.

HI: NCCI Files 5.2 Percent Increase in Loss Cost Rate.

IL: NCCI Proposes 3.8 Percent Loss Cost Rate Decrease.

IL: Supreme Court Censures WC Attorney for Ex Parte Communication With Arbitrator.

IN: Rating Bureau Proposes 5 Percent Rate Increase.

IA: NCCI Proposes 7.9 Percent Loss Cost Rate Increase.

KY: KEMI President & CEO Roger Fries Announces Plan to Retire.

MO: Dept of Insurance Licenses 25th Captive Insurance Company.

MO: Governor Reports Workers Comp Rates Declined Each of Past Three Years.

NE: Governor Appoints Daniel Fridrich to Workers Comp Court.

NH: NCCI Proposes 0.6 Percent Loss Cost Rate Increase.

NH: LGC Files Motion to Reconsider Order Mandating $52M Refund.

NY: SWCB Posts Centralized Mailing Address for all Board Offices.

NY: SWCB Announces Voluntary Resignation of Dr. Vu Tran's Authorization to Treat IWs.

NY: SWCB Posts Information on Hearings Held by Video Conference.

OH: Inspector General Questions BWC Employee's Billing State for Commute Time.

OR: WCD Notifies Insurers of Retroactive Program Benefits Effective 10/1/12.

OR: WCD Proposes Changes to Procedural Rules, Rulemaking, Hearings, Attorney Fees.

OR: WCD Proposes Changes to Disability Rating Standards.

OR: WCD Posts Hospital Fee Schedule, Adjusted Cost/Charge Ratios.

TN: NCCI Proposes 2.3 Percent Loss Cost Rate Increase.

TX: DWC Posts New Maximum/Minimum Benefit Rates.

TX: High Court Denies Rehearing in Ruttiger Bad Faith Case.

VA: NCCI Files 5.7 Percent Decrease in Loss Cost Rate.

VA: Congressional Candidate Faces Misconduct Complaint by State Bar Related to WC Case.

WA: L&I Proposes No Workers Comp Rate Increase for 2013.

WA: Editorial: Law on Optional Structured WC Settlements Needs Fixing.

WV: High Court Upholds Compensability of Former Steel Worker's Bladder Cancer.

WV: High Court Denies Benefits to Fast Food Worker Under Intoxication Rule.

WV: High Court Denies Benefits to Hotel Worker With Alleged Shoulder Injury.

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ENEWSLETTER ARCHIVES

ArchivesTake 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.

 

September 17, 2012: Co-employee Immunity Case With a No Liability Settlement Twist

September 10, 2012: The New Mobile Workforce

September 4, 2012: The Future of Exclusive Remedy: Are Employers Still Protected?

August 27, 2012: The Status of Workers' Comp in the U.S.

August 20, 2012: Why Every Employer Needs a Post-Injury Response Procedure

August 13, 2012: The Case for Clear Guidelines for Nurse Case Managers

August 6, 2012: Love it or Hate it: Medicare Secondary Payer Enforcement Is Here to Stay

ACCESS 2010-2012 ARCHIVES AND ARTICLES LIST HERE.

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