TX 9th: Positive Drug Test Not Conclusive

The Ninth District of the Texas Court of Appeals ruled that a positive drug test for marijuana is insufficient to prove that the claimant was intoxicated at the time of injury. In American Interstate Ins. Co. v. Hinson , No. 09-04-369 CV, 08/11/2005, William Hinson was injured when he fell from a steel structure. Hinson had neglected to re-attach his safety lanyard when he moved to a different position atop the steel beam. Hinson admitted to smoking marijuana recreationally between 3 and 7 days a week. Although Hinson admitted there was marijuana in his system at the time of the accident...