When an employee tests positive for marijuana or a controlled substance following an on-the-job injury, many employers and insurers likely believe that it will be relatively easy to escape responsibility for indemnity benefits and medical benefits. ... Continue Reading
Medical Malpractice Claim Cannot Be Renewed If A Defective Affidavit Is Attached To The Original Complaint
If a plaintiff files his/her first claim with a defective affidavit and dismisses it before Defendant has the opportunity to move for dismissal on the merits, then it appears that plaintiff cannot thereafter renew that exact claim under the renewal statute. ... Continue Reading
Martines V. Worley & Sons Construction: Clarifying What Constitutes Unjustifiable Refusal Of Suitable Light-Duty Involving Undocumented Workers
While the recent decision of Martines v. Worley & Sons reiterated the principal that an employee's refusal to accept suitable light-duty employment following a work-related injury must be based upon a physical inability and/or lack of skill to perform the proffered job, the Court of Appeals further elaborated upon this principle within the context of undocumented workers. ... Continue Reading
The Journal is a publication for the clients of Drew Eckl & Farnham, LLP. It is written in a general format and is not intended to be legal advice to any specific circumstance. Legal Opinions may vary when based upon subtle factual differences. All rights reserved.
H. Michael Bagley