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Termination for Positive Drug Test Precludes Award of Wage Loss Benefits

Termination for Positive Drug Test Precludes Award of Wage Loss Benefits The Michigan Workers’ Compensation Appellate Commission, in a recent, 2-1 decision, recently affirmed the decision of Magistrate Lisa Klaeren, finding that, although plaintiff had proved a work related disability, plaintiff’s wage loss was not related to his work related injury. Following plaintiff’s alleged work related injury, he underwent a post injury blood test. The tested positive for cocaine. The employer had a zero tolerance policy regarding drug use. Therefore, the employer terminated plaintiff's employment. The Magistrate held that, had plaintiff not tested positive for cocaine, he would have continued to work at the employer, or been entitled to wage loss benefits. The Magistrate awarded medical benefits for the injury. Adkins v Asama Coldwater Manufacturing, 2011 ACO #54 It is important to note that benefits in this case were not denied because there was a causal relationship between plaintiff’s use of cocaine and his injuries, thus potentially barring his claim for willful and intentional misconduct pursuant to MCL 418.305 04/22/11

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