Rebuttable presumption of intoxication: workers’ comp and cannabis
The winner of this year’s College of Workers’ Compensation Lawyer’s John F. Burton Jr. Student Writing Award discusses how evidence of cannabis use off the job affects workplace injury cases. Simon Cao’s essay, “Fighting The Tide – Overcoming The Rebuttable Presumption of Intoxication In The Age of Marijuana,” examines a common workers’ comp defense arguing an injured employee was somehow culpable in the injury by virtue of intoxication. Legal Talk Network
‘Natural immunity’ now satisfies employer vaccine mandates in Utah
A bill signed into law this week by Utah Gov. Spencer J. Cox clarifies that having “natural immunity” to COVID-19 based on a prior infection will satisfy an employer’s vaccine mandate requirement. The bill’s sponsor previously called it a “cleanup bill” to legislation passed in 2021 prohibiting employers from mandating vaccines in the workplace. McKnights Senior Living
Walmart, EEOC in court dispute pregnant employee policy
The Equal Employment Opportunity Commission is asking the U.S. Court of Appeals of the 7th Circuit to reconsider a lower court’s 2021 ruling granting Walmart’s motion for dismissal of the case. In the original complaint, the EEOC claimed on behalf of pregnant employees at a Walmart distribution center that the company failed to accommodate their pregnancy-related medical restrictions. The retailer argues its alternate-duty policy, applicable only to employees with work-related injuries, was “pregnancy-neutral.” NWAOnline
Louisiana physician pleads guilty to workers’ comp fraud conspiracy
A 60-year-old Louisiana physician pleaded guilty on March 29 to having conspired to violate three different federal statutes: healthcare fraud, wire fraud, and illegal remunerations, in connection with a scheme to defraud both federal and private workers’ compensation insurers. He is the second physician to plead guilty in connection with the federal investigation. Last July, another Louisiana doctor pleaded guilty to conspiring with the same individuals in a similar scheme. KALB