Rebuttable Presumption of Intoxication: Workers’ Comp and Marijuana

Our guest is law student Simon X. Cao, winner of this year’s College of Workers’ Compensation Lawyer’s John F. Burton Jr. Student Writing Award. His essay, “Fighting The Tide – Overcoming The Rebuttable Presumption of Intoxication In The Age of Marijuana,” examines a common Workers’ Comp defense arguing an injured worker was somehow culpable in his own injury by virtue of intoxication. Cao examines to what extent – if any – evidence of prior marijuana consumption can be used against injured workers, as a growing number of states legalize marijuana both for recreation and medical use. The nexus of marijuana and injury compensation is a sticky issue. Evidence of marijuana can be detected in an injured worker’s system for weeks after use, unlike alcohol, but it can be present without indicating intoxication. How reliable is testing? How consistent are the rules across states? And what about presumed consent for a drug test after a workplace accident? All interesting topics that could affect your clients. Special thanks to our sponsor PInow.com, Posh Virtual Receptionists, and MerusCase.