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Drug Testing Maryland

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  • Drug Testing Maryland

    Good Afternoon!

    Would a positive drug test result have a bearing on a W/C claim being approved?

  • #2
    To give you a specific answer....It depends.
    There are generally 2 ways drugs are involved.

    One, Joe is sitting at his workbench and a shelf falls on him and when Joe goes for the post accident drug screen, its positive. Did the drugs play a role in the accident? Probably not.

    The other case, Joe is operating equipment and gets hurt. Post accident drug screen shows positive. Did drugs play a role? Probably.

    Also it depends on the state.
    I find that the harder I work, the more luck I seem to have.
    Thomas Jefferson

    Comment


    • #3
      In MD, good luck getting it denied. Unless you can show that the drugs or alcohol were directly responsible for the accident/injury, it will be approved. If it was just a contributing factor, odds are the Commission will grant it. It also depends on the Commissioner but with 3 new appointments that are very claimant friendly (well one recalled to duty, 2 new) your chances of prevailing if it isn't the obvious cause of the accident are low.

      As always run it by your carrier and their legal counsel. I know how my counsel feels about these cases but I can't speak for others.
      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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