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Exclusive Remedy no Protection against Negligence Claim for False Positive on Drug Test

Tuesday, February 17, 2015 | 0

Workers' compensation exclusive remedy did not protect a business from a negligence claim filed by a worker who alleged that he was fired after a mandatory drug test falsely indicated that he had used marijuana, the Texas 13th District Court of Appeals ruled. Case: Rincones v. WHM Custom Services et al., No. 13-11-00075-CV, 02/12/2015. Facts: From 2007 to 2008, Gilberto Rincones worked as a technician for WHM, a maintenance company that builds, removes, repairs and installs catalyst systems used in refineries and chemical plants. WHM contracted with Exxon for work at its Baytown faci...

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