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Split Supreme Court Revives TTD Claim by Worker Fired for Positive Drug Test

Tuesday, September 15, 2020 | 153 | 0 | 79 min read

A divided Ohio Supreme Court overturned a denial of temporary total disability benefits to an injured worker who was fired after he tested positive for marijuana.  Case: State ex rel. Merritt v. Industrial Commission, No. 2020-0350, 09/11/2020, published. Facts: Christopher T. Merritt worked for New Avenues to Independence Inc. He injured his back while at work in February 2015, and the Bureau of Workers’ Compensation accepted the injury as compensable. Merritt was prescribed Norco, an opioid. His treatment provider had a policy that patients prescribed opioids must be routi...

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