Tag Archives: drug test

Divided Kansas Court Says Lab Test Results Showing Marijuana Were Admissible

Rules of Evidence Do Not Strictly Apply to Comp Hearings Stressing that in workers’ compensation hearings, the Kansas Rules of Evidence do not apply and that even hearsay evidence may be admitted if it is sufficiently reliable, a divided Kansas … Continue reading

Posted in Case comment | Tagged , , , , , , , | Comments Off on Divided Kansas Court Says Lab Test Results Showing Marijuana Were Admissible

Florida Comp Act’s Drug-Free Workplace Program Statute Provides no Private Right of Action

Unsuccessful Job Applicant Sought to Utilize Statute After Passing Drug Test, But Not Getting Job § 440.102, Fla. Stat., which establishes a drug-free workplace program as part of Florida’s overall worker’s compensation scheme, does not provide a private right of … Continue reading

Posted in Case comment | Tagged , , , | Comments Off on Florida Comp Act’s Drug-Free Workplace Program Statute Provides no Private Right of Action

Mississippi Commission’s Decision to Deny Claim Because of Employee’s “Refusal” to Take Breathalyzer Test Cannot Stand

Yesterday, in a divided decision, the Court of Appeals of Mississippi reversed a decision by the state’s Workers’ Compensation Commission (“Commission”) that had denied an employee’s workers’ compensation claim because the employee had refused to take a breathalyzer test after … Continue reading

Posted in Case comment | Tagged , , , , | Comments Off on Mississippi Commission’s Decision to Deny Claim Because of Employee’s “Refusal” to Take Breathalyzer Test Cannot Stand

Colorado High Court Ok’s Firing of Worker For State-Authorized Use of Medical Marijuana

Earlier today, the Supreme Court of Colorado, affirming a split decision of the state’s Court of Appeals, held that under the plain language of Colo. Rev. Stat. § 24–34–402.5, Colorado’s “lawful activities statute,” the term “lawful” refers only to those … Continue reading

Posted in Case comment, Issue commentary | Tagged , , , , , , | Comments Off on Colorado High Court Ok’s Firing of Worker For State-Authorized Use of Medical Marijuana

Ohio Worker May Receive TTD Benefits In Spite of Positive Drug Test After Injury

Reiterating the Ohio rule that that a pre-injury infraction undetected until after the injury is not grounds for concluding that a claimant voluntarily abandoned his employment so as to preclude temporary total disability benefits, a state appellate court granted an … Continue reading

Posted in Case comment | Tagged , , , | 1 Comment