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  • Invalid drug test?

    State: Arizona

    About two weeks ago, my boyrfriend injured his thumb on a table saw at work. He was taken to the ER, where he received stitches and the order to not go to work for 5 days. We then drove to his work and gave them all of the doctor's orders. My boyfriend was then told to take a drug test the following day. The next day, we went and did as they said. And also went in for a follow up appointmet where we found that he would need to be out of work even longer.
    Over a week later we recieve a phone call from where he took his test, and was told that he did not pass. And that we would now be responsible for his medical costs.

    My question: Since the test was not given at the time of the accident, is it valid? Can we appeal this decision?
    We still haven't heard anything from his work, regarding workman's comp or even employment... only the testing lab.

  • #2
    Originally posted by dangit0804
    State: Arizona

    About two weeks ago, my boyrfriend injured his thumb on a table saw at work. He was taken to the ER, where he received stitches and the order to not go to work for 5 days. We then drove to his work and gave them all of the doctor's orders. My boyfriend was then told to take a drug test the following day. The next day, we went and did as they said. And also went in for a follow up appointmet where we found that he would need to be out of work even longer.
    Over a week later we recieve a phone call from where he took his test, and was told that he did not pass. And that we would now be responsible for his medical costs.

    My question: Since the test was not given at the time of the accident, is it valid? Can we appeal this decision?

    We still haven't heard anything from his work, regarding workman's comp or even employment... only the testing lab.
    I think you've got a pretty good case that the drug test is lacking in evidentiary value since it was done the day after the accident. I don't think it is "invalid" in the sense that it would be excluded, but certainly it isn't conclusive as to whether he was on drugs at the time of the accident.

    Not sure what process to go through. Why doesn't he contact the employer and tell them he wants to start the process of filing his WC claim? He should do this immediately.
    Last edited by grasmicc; 09-12-2005, 08:59 AM.

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    • #3
      Assistance

      I will be very happy to assist you please contact me via private e-mail at [email protected] or you can call me at 217/390-4299 Linda ie LMay

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