Injured worker deserves comp pay despite positive drug test: Appeals court

  Friday, May 16th, 2014 Source: Business Insurance

An injured worker who tested positive for illegal drugs after a work accident should receive workers compensation benefits because testimony in his favor prevailed over any presumption that he was impaired on the job, the Louisiana Court of Appeal has ruled. Shannon Todd Bordelon severely injured his finger while working for Houston-based Key Energy Inc. in April 2012, according to court records. Mr. Bordelon said the accident happened when a crank he was using to lower a light tower spun out of control, striking his hand. Mr. Bordelon was treated at a nearby hospital for a finger fracture and laceration, records show. A post-accident drug test showed that Mr. Bordelon tested positive for cocaine and amphetamines.

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