Print/PDF

Court of Appeals Finds Discharge Due to Positive Drug Test May Not Terminate TTD Compensation

In State ex rel. Cordell v. Pallet Co., Inc., 2014-Ohio-5561, the 10th District Court of Appeals addressed whether a discharge resulting from a post-injury drug test disqualified a claimant from temporary total disability (TTD) compensation.  In this case, the claimant tested positive for marijuana and morphine following a tow motor accident on a loading dock.  The positive drug test constituted a violation of the employer’s drug free work policy.  Although the employer argued the Louisiana-Pacific doctrine disqualified the claimant from TTD compensation, the court of appeals disagreed on two bases.  First, the court found a valid Louisiana-Pacific termination does not preclude TTD compensation if the claimant remains disabled at the time of termination.  Second, the court found pre-injury work rule infractions, which are closely connected to the injury itself, do not preclude TTD compensation under State ex rel. Gross v. Indus. Comm. 115 Ohio St.3d 249, 2007-Ohio-4916.  Click here to read the court’s full decision.

News

Events

  • Bugbee in the Community: Mark Barnes Top Fundraiser for the Arthritis Foundation’s Jingle Bell RunRead more

Newsletter Signup

Sign up for our quarterly publications Comp Connection, Safety Sense, and The Employer, receive seminar and webinar information, legal updates, and more.