Law360 (December 3, 2019, 3:56 PM EST) -- The Oklahoma Court of Civil Appeals recently ruled in Rose v. Berry Plastics Corp. that a post-accident drug test confirming an employee’s use of marijuana did not prove he was intoxicated at the time of the accident. While the decision addresses when marijuana use voids workers’ compensation coverage, it also highlights the challenges employers could face when relying on drug tests to show a medical marijuana licensee was under the influence while working.
Rose worked for Berry Plastics as a machine operator. While trying to clear an obstruction from a jammed machine by hand, a coworker triggered the “guillotine” machine, crushing...
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