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High Court Overturns Denial of Benefits for Overdose; Wrong Causation Standard Used

By Greg Jones (Senior Editor)

Friday, May 29, 2015 | 0

The California Supreme Court ruled Thursday that an appellate court incorrectly applied the causation standard for tort cases when it vacated an order awarding death benefits to the family of a man who overdosed on prescription drugs. The 4th District Court of Appeal said a drug Brandon Clark was prescribed following a 2008 work injury likely played a role in his June 2009 overdose, but his estate failed to prove proximate causation to his work comp claim because the drug was not a "material factor contributing" to his death. "In doing so, it appeared to use the term 'mate...

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