Even though a restaurant server had marijuana and Xanax in her system at the time of a workplace injury, an appeals court has recently ruled in her favor. This means?she is?entitled to receive workers' compensation.
The accident happened back in 2008. At the time, the server was working for a seafood restaurant when she tripped over a box of potatoes that was left in the food preparation area. Right after the accident she went to the emergency room, and per the employer's workplace policy, she was given a drug test.
The woman tested positive for marijuana and Xanax. However, it turns out that she had smoked the marijuana four days before the accident, and she was prescribed to take Xanax for a back problem.
Her employer and its insurance company attempted to argue that she should not be entitled to workers' compensation benefits because she had drugs in her system. However, a workers' compensation judge found that intoxication was not a contributing factor to her fall.
In the court's opinion, the fact was also brought up that the woman had been able to successfully perform all tasks of her job before the accident, and that no one had complained about her work performance the morning of the accident.
In the end, it was determined that the woman is in fact entitled to medical care and temporary total disability benefits.
Overall, this case highlights the fact that sometimes an employer and/or its insurance company will attempt to get out of their legal obligation to provide an injured employee with benefits. However, it's important to not give up, but rather to make sure that you have proper legal representation on your side to get the benefits you are entitled to.
Source: Business Insurance, "Injured worker entitled to comp benefits despite positive drug test: Court," Roberto Ceniceros, Feb. 3, 2012
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