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Court Rules In Favor of Injured Worker Who Tested Positive for Marijuana

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A court in Oklahoma recently ruled in favor of an injured worker receiving compensation benefits, even though he had tested positive for marijuana. The case stemmed from an accident back in 2017 when an employee Dillon S. Rose was working at Berry Plastics Corp. Rose was working on a “ guillotine machine” when another employee turned on the machine, severely injuring Rose’s hand.

The Oklahoma Court of Civil Appeals stated: “The presence of an intoxicating substance in the blood does not automatically mean the person is intoxicated.”

The Worker’s Compensation Commission was told to stick with what they know, and not to confuse their judgment about the number of facts and evidence for that of an administrative law judge.

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