Stoel Rives: Utah Employees Can Rebut Presumption that Drug Use was Major Contributor to Workers' Compensation Injury | Practical Law

Stoel Rives: Utah Employees Can Rebut Presumption that Drug Use was Major Contributor to Workers' Compensation Injury | Practical Law

This Law Firm Publication by Stoel Rives LLP discusses the Utah Court of Appeals' decision in Barron v. Labor Commission, finding that an employee can rebut the presumption of drug use as the major contributor to a workplace injury if controlled substances are found in the employee's system. In Barron, an employee's workers' compensation claim was denied because of a positive drug test. The Utah Labor Commission found that the employee must show that "some other force," rather than drug use, caused the injury to rebut the presumption. The Utah Court of Appeals overturned the decision, clarifying for the first time that evidence of non-impairment at the time of the accident can overcome the presumption that the drug use was the major contributing cause of the injury.

Stoel Rives: Utah Employees Can Rebut Presumption that Drug Use was Major Contributor to Workers' Compensation Injury

by Stoel Rives LLP
Published on 27 Mar 2012United States, Utah
This Law Firm Publication by Stoel Rives LLP discusses the Utah Court of Appeals' decision in Barron v. Labor Commission, finding that an employee can rebut the presumption of drug use as the major contributor to a workplace injury if controlled substances are found in the employee's system. In Barron, an employee's workers' compensation claim was denied because of a positive drug test. The Utah Labor Commission found that the employee must show that "some other force," rather than drug use, caused the injury to rebut the presumption. The Utah Court of Appeals overturned the decision, clarifying for the first time that evidence of non-impairment at the time of the accident can overcome the presumption that the drug use was the major contributing cause of the injury.