A divided Kansas Court of Appeals last week overturned an award of benefits to the widow of worker who died in a fall from a catwalk, finding the Workers’ Compensation Appeals Board erred in refusing to consider evidence that he had tested positive for marijuana.
The court found no specific statute or regulation prevented the board from considering the test result, and that there was “ample evidence supporting the reliability of the test result.”
Admitting the test result into evidence would give rise to a conclusive presumption that 60-year old Gary Woessner had been impai...
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