Monday, April 15, 2013

Pa Court - Failed Drug Test = Suspension of Benefits

A Failed Drug Test may result in the discharge of an Employee.
An  Employee alleging a work injury, may also suffer an employment discharge , as the Employer is relieved of any duty to establish available employment.

In Brewer v. WCAB (E2Payroll & Staffing Solutions) (Pa. Cmwlth. February 13, 2013),
the Commonwealth Court affirmed the WCJ decision that granted the claim petition, in part, as employee demonstrated a work injury, but failed to qualify for wage loss benefits, as he was discharged for cause, based upon the positive drug test result.

His loss of earning was due to the discharge, not due to his injury.

On April 12, 2013, the Commonwealth Court of Pennsylvania issued an order amending the language in its memorandum opinion issued February 13, 2013 and designated the unpublished memorandum opinion as a published opinion, which can be cited in future appellate arguments in similar cases.

See my February 19, 2013 blog post for a more detailed discussion of this decision.

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