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Desert Valley Construction and Employers Insurance Co. of Nevada v. Hurley

12/17/2020
injured at work when he fell from a scaffold. His employer Desert Valley provided workers' compensation insurance through EICN. EICN denied Hurley's claim for workers' compensation benefits based upon testing that revealed 747 ngmLfn1 of marijuana metabolite THC carboxylic acid in Hurley's post

Category: Cases

Dept of Labor and Industries v. Shirley

12/17/2020
aggravation then closed the claim again in 2003. Killian 2007 WL 4986270 at 4. The claimant died in 2004 of respiratory depression caused by an accidental mixed drug overdose from a combination of methadone flexeril and marijuana and liver failure resulting from taking methadone over a long period of

Category: Cases

Roe v. TeleTech Customer Care Management

12/17/2020
appeal Roe argues as she did below that the Washington State Medical Use of Marijuana Act MUMA ch. 69.51A RCW implies a civil cause of action to sue an employer who violates MUMA's provisions. Alternatively Roe contends that MUMA expresses a public policy favoring medical marijuana use and that

Category: Cases

Shawn Van Hoven v. Pre-employee.com

12/17/2020
conditioned on the results of his background check. Pre-Employee's background report stated that Mr. Van Hoven was guilty of marijuana possession less than or equal to 40 grams and attempted possession of drug paraphernalia. The date of the offenses was March 14 2005. The report was later corrected to

Category: Cases

Davidson v. Business Personnel Solutions

12/17/2020
chipper before continuing on to the job site. According to Wooten who testified by deposition because of his incarceration at the time of trial the Employee smoked a marijuana joint on the way.1 At approximately 1000 a.m. the work crew took their scheduled break and planned to remove a large limb

Category: Cases

Interstate Mechanical Contractors, Inc. v. McIntosh

12/17/2020
tetrahydrocannabinol "THC" level of greater than 900 ngmL.fn2 THC is a marijuana metabolite that is stored in fat cells and can be detected in the body up to thirty days after smoking marijuana. McIntosh admitted that he had smoked marijuana in the week leading up to and on the night before his injury. He

Category: Cases

Builders Mutual Insurance Co. v. Simms

12/17/2020
would try to work. Simms testified the accident happened at 100 p.m. He admitted that during his earlier discovery deposition he testified the accident happened at 900 a.m. Simms also admitted that he observed two of Russell's bricklayers Lawrence Jones and Doug Copeland smoking marijuana that

Category: Cases

Crowder v. Morningstar Manufacturing, Inc

12/17/2020
insurer insists the evidence preponderates against the trial court's finding that the employee's injury was not proximately caused by intoxication from the use of an illegal drug marijuana. The panel has concluded the judgment of the trial court should be affirmed. Tenn. Code Ann. § 50-6

Category: Cases

Brewer v. Hartford

12/17/2020
. Brewer indicated that he was "scumming" in a manner in which he had been trained and testified that he was not intoxicated at the time of the accident. Mr. Brewer admitted to the use of methamphetamine marijuana and alcohol on a regular basis. However he denied the use of any intoxicants at his place

Category: Cases

Emerald Steel Fabricators, Inc., v. Bureau of Labor and Industries

12/17/2020
. Walters J. dissented and filed an opinion in which Durham J. joined. Appeal from Revised Order on Reconsideration dated July 13 2006 of the Bureau of Labor and Industries. 220 Or App 423 186 P3d 300 2008. KISTLER J. The Oregon Medical Marijuana Act authorizes persons holding a

Category: Cases

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