After Bernabe Aguirre was injured when he fell from a ladder while working at a construction site, he received medical treatment at an urgent care center for fractures to his ankle and foot. During his treatment, Aguirre submitted a urine sample for a drug screen, which resulted in a positive cocaine metabolite test. (Photo: iStock)
A Kentucky court has affirmed a decision by the Workers' Compensation Board that a positive cocaine test of an injured employee did not bar his workers' compensation claim, reasoning that the employer failed to demonstrate that the employee's injury had been proximately caused primarily by his voluntary intoxication.
|Fell from ladder while working construction
After Bernabe Aguirre was injured when he fell from a ladder while working at a construction site, he received medical treatment at an urgent care center for fractures to his ankle and foot.
During his treatment at the center, Aguirre submitted a urine sample for a drug screen, which resulted in a positive cocaine metabolite test. The lab report of the urinalysis indicated a positive result for cocaine, with a screening cutoff of 300ng/Ml and a confirmation cutoff of 150ng/Ml.
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Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].
