In a recent case, an appeals court considered whether a positive drug test could be used against a claimant who was denied Georgia workers’ compensation benefits.
The claimant was employed at a cotton gin company. He was working at the loading dock one day when a truck backed up and hit him from behind. He was crushed between the truck and the loading dock and suffered multiple injuries, including pelvic, chest, and rib fractures.
The company requested a drug test, and a lab technician obtained a urine sample while the claimant was at the hospital. The test came back positive for the presence of cannabinoid metabolites. One of the claimant’s coworkers testified that they had smoked marijuana at work together on the morning of the injury. The claimant testified that he only smoked marijuana when he was not working. The claimant also presented an expert witness who testified that marijuana metabolites can be present in urine for days or even weeks after marijuana is smoked. The employer asserted that the worker was impaired and, as a result, did not hear the truck backing up before he was struck.