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Rebuttable Presumption of Intoxication: Workers’ Comp and Marijuana

Rebuttable Presumption of Intoxication: Workers’ Comp and Marijuana

FromWorkers Comp Matters


Rebuttable Presumption of Intoxication: Workers’ Comp and Marijuana

FromWorkers Comp Matters

ratings:
Length:
29 minutes
Released:
Mar 30, 2022
Format:
Podcast episode

Description

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.
Released:
Mar 30, 2022
Format:
Podcast episode

Titles in the series (100)

This is Workers Comp Matters, hosted by Attorney Alan s. Pierce. the only Legal Talk Network program that focuses entirely on the people and the law in workers compensation cases. Nationally recognized Trial Attorney, expert and author, Alan S. Pierce is a leader committed to making a difference when workers comp matters.