Oklahoma ruling could set precedent for workers comp cases

The Associated Press - November 30, 2018 1:46 pm

TULSA, Okla. (AP) – A recent Oklahoma court ruling that permits an injured worker to receive compensation benefits with a positive drug test could set a precedent for such cases at a time when medical marijuana may soon be widely available in the state.

The Oklahoman reports that the Oklahoma Court of Civil Appeals ruled on Nov. 16 that “the presence of an intoxicating substance in the blood does not automatically mean that person is intoxicated.”

The case stemmed from a 2017 accident at Berry Plastics Corp. Employee Dillon Rose’s hand was crushed when a co-worker activated a machine Rose was trying to fix. A drug test after the accident showed that Rose had recently smoked marijuana, which called into question whether or not the accident was Rose’s fault.

Berry Plastics’ attorney says the company hasn’t decided if it will appeal.

 

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