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CA - Injured EE - Positive Drug Test California

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  • CA - Injured EE - Positive Drug Test California

    Hello,

    I had an employee that was injured on the job ( mid-back strain caused by lifting a piece of equipment above his head). The ee was sent to the clinic, evaluated, Post-accident drug tested, and placed on MOD-Duty for 1-2 weeks. I just got the test results back and he failed POT. My questions are..
    1. Do we have to pay for the initial MD visit?
    2. Can we fire the employee if we have a no drug policy, even though the MD placed him on MOD-Duty?
    3. General Question: My understanding was that if an employee tested positive, then the WC claim would not count. But, I was told today that the employee's usage of illegal drugs would have to be proven to show that it helped cause the injury. Can you explain the correct usage of a positive drug test and the employers ability to have the WC claim not count against our MOD?

    Thanks!

    Brook
    Brook Parker
    Junglesource.com

  • #2
    If the employee was using drugs or under the influence while on the job then you can follow whatever your policy is regarding that. He doesn't get a "get out of jail free card" for having been injured as a result.

    Whether the claim is still compensable or not is up to the carrier to determine. They should have the results of the drug test. Those with trace amounts of illegal substances are not automatically barred from filing a claim. In either case, you should not be making the decision the carrier should.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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