Worker Overcomes Presumption of Intoxication From Admitted Use of Marijuana

The Court of Civil Appeals this week ruled that a worker who tested positive for marijuana overcame the statutory presumption that his hand injury was caused by intoxication from his admitted drug use. Section 2(9)(b)(4) of the Administrative Workers’ Compensation Act provides that an injured worker will not be entitled to benefits for an injury that was caused by use of illegal drugs. The statute further provides that if a worker tests positive for drug use within 24 hours after an industrial accident, it will be presumed that his accident was caused by intoxication. The worker bears ...