Workers’ Comp Case in New Hampshire Involving Opioids Comes Down to Employee’s Intentional Ingestion of Drugs

In a workers’ comp case involving opioids in New Hampshire, the NH Disability Rights Center and its insurer faced an argument that “where a work-related injury leads to addiction or substance abuse, that death is compensable.” The DRC argued that the CAB was correct in denying benefits because an intentional ingestion of overdoses in an unprescribed manner was an “independent intervening factor,” citing Cate v. Perkins Machine Co., holding that post-injury conduct of the employee can serve to limit or terminate benefits. The New Hampshire Supreme Court affirmed the CAB ruling to deny benefits based on the employee’s actions. Read more on this story here.