Tag: intoxication

Aug 7, 2013

Ninth Circuit Construes Longshore Act’s Intoxication Defense Provisions

The Longshore Act provides that no compensation shall be payable if the injury “was occasioned solely by the intoxication of the employee” [33 U.S.C.S. § 903(c), emphasis added]. The Ninth...

Ninth Circuit Construes Longshore Act’s Intoxication Defense Provisions Ninth Circuit Construes Longshore Act’s Intoxication Defense Provisions
Nov 21, 2012

LHWCA: Ninth Circuit Agrees that Injury Was Caused By Intoxication, Not Concrete and Metal Slab Onto Which Claimant Fell

Under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), no compensation is payable “if the injury was occasioned solely by the intoxication of the employee” [see 33 U.S.C. § 903(c)]....

LHWCA: Ninth Circuit Agrees that Injury Was Caused By Intoxication, Not Concrete and Metal Slab Onto Which Claimant Fell LHWCA: Ninth Circuit Agrees that Injury Was Caused By Intoxication, Not Concrete and Metal Slab Onto Which Claimant Fell
Feb 4, 2012

In Spite of Statutory Presumptions, Proof of Positive Drug Test May Not Be Enough to Defeat Claims

In the great majority of jurisdictions, voluntary intoxication that renders an employee incapable of performing his or her work is a departure from the course of employment sufficient to defeat...

In Spite of Statutory Presumptions, Proof of Positive Drug Test May Not Be Enough to Defeat Claims In Spite of Statutory Presumptions, Proof of Positive Drug Test May Not Be Enough to Defeat Claims
Dec 17, 2011

For Second Time in Eight Months, Arkansas Court Sends Case Back to Workers’ Compensation Commission to Determine if Claimant Successfully Rebutted Statutory Presumption Related to Alleged Methamphetamine Use

It’s axiomatic that in virtually all workers’ compensation cases it is the fact-finder–the Industrial Commission, Appeals Board, or the hearing officer–who must pass upon the credibility of witnesses; the appellate...

For Second Time in Eight Months, Arkansas Court Sends Case Back to Workers’ Compensation Commission to Determine if Claimant Successfully Rebutted Statutory Presumption Related to Alleged Methamphetamine Use For Second Time in Eight Months, Arkansas Court Sends Case Back to Workers’ Compensation Commission to Determine if Claimant Successfully Rebutted Statutory Presumption Related to Alleged Methamphetamine Use