Disability
Benefits Cannot Be Denied to Worker on Basis of
Positive Drug Test
[Posted 08/08/2008]
An Ohio
appeals court has ruled that an employee who tested
positive for drug use while on a Family Medical
Leave of Absence may be entitled to temporary total
disability compensation, overturning a finding to
the contrary by the state Industrial Commission.
The
commission had ruled that the worker had “voluntarily
abandoned her employment”
by violating an employee handbook prohibition
against the use of illegal drugs in the workplace
or reporting to work under their influence, and
therefore denied her benefits.
The
appellate court, however, considered the worker’s
visit to the plant on the day of the positive drug
test to be unrelated to the employer’s prohibition
because she was not working or reporting for work;
she was merely dropping off paperwork relating to
work restrictions.
The case
was sent back to the commission for
reconsideration.
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