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  1. #1
    Join Date
    Aug 2016
    Location
    Nebraska
    Posts
    4

    Question Can You Lose Your Workers Comp Benefits for a Positive Marijuana Test

    My workers compensation claim was made in the State of: NE

    I LOATHE the jerk PM I was forced to see for 4 hearts.
    Asked for 1e straight visits for a referral to a doctor who would TRY to increase my quality of life.

    Then, I decided to utilize my 4th amendment rights, and wouldn't submit to a u/a. (it's humiliating, as my right arm is useless, and in NOT a lefty and I'm a girl...)
    In 4 years, they said once I was on xanax (no, I'm on Valium, as they well knew), once it was I was on amphetamines (I'm on adderal xr for narcolepsy), and once said it was clean, as in NOTHING in my screen. When at the min, adderal and Valium should have shown, plus lortab and morphine.

    So I started to refuse.
    Then got referral for a doc 45 miles away, who spent, boy kidding, less than 5 min with me, and said he'd pass me on to another aneseologist (who actually I've met when I had a non related procedure done, and he uses Ketamine. The thing not tried on me with my RSD/CRPS.

    NO call.
    I have NO contact info.

    Now Satan has ordered an FCE for me on the 13th. WHY?!? I've had 2 already, I'm only way worse off thablast time.

    So no doc, can't make my own appt, short of Ins fraud. Opiates for 9 years, plus lortab for 20 (it's for my furniture).

    So forced opiate withdrawal syndrome. 3 months, and still in withdrawal.
    (the last time I went in, I had been vomiting for 4 days, and had been unable to urinate for over 18 hrs. Of course I was lying.

    And HOW and WHY would any PM do screens on meds/did there did not prescribe? Esp ones they KNOW I'm on via my shrink?
    If it is to monitor I am in compliance with taking the pain meds, how is anything else relevant? Plus the chain of custody doesn't exist (the bathroom is a bathroom, with water and locked door. Samples are to be held MIN of 180 days if test wasn't as should be. Then retested. Never done.

    (we're taking 5x more for the testing, and how much kickback is Dr and WC getting?)

    Also, I've been told if, ie: went to CO on vacation and samples their greens, where I tested positive for cannabis, I'd LOSE A WORK COmP MEDICAL.
    Can they even do that?

    And can I sue for undue stress, purposeful forced withdrawal syndrome, intent to cause me severe pain and suffering (I can't even be a mom right now!)
    And WHY the FCE 5 years after case settled?

  2. #2
    Join Date
    Oct 1971
    Posts
    5,009

    Default Re: Medical Side of Case is a Mess

    In short - if you test positive for pot you forfeit your case, there are no protections for medical or recreational cannabis.
    Better consult a lawyer and have him evaluate your case, maybe he can save it.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Aug 2016
    Location
    Nebraska
    Posts
    4

    Default Re: Medical Side of Case is a Mess

    We didn't go to CO for vacation, nothing illegal in my system. 9 years of full med compliance, never 'lost'a script, and only requested early refills 1x a year when I would be out of state for extended period of time.

    No probable cause for search and seizure.

    It's the point of making ONLY WC patients have mandatory monthly screenings, and for things they don't prescribe, including things they know I'm on.

    Plus the pain, humiation, no chain of custody.

    And the NCM not telling WHO she was, and was FORCED to see her, NOT the actual PhD for several appointments (when I had made it VERY clear that I did not want to speak to, nor lay eyes on her.

    Now total refusal of all medical care, as she refuses to make appointments, and forced my disease to beyond debilitating, on purpose.

    I'm glad too be rid if morphine and the other major meds like that. They don't really help. But isn't putting me on a methadone taper or suboxone, or even that 24 HR detox coma have been the minimum from them? (appt with flu, he made me sit for over an hour, then refused to see me. Should just puked in his face.

    Seeing an old buddy in 2 weeks. He doesn't do wc and malpractice (for atty,the NCM, and this pd), but he can get another atty to take me on, as no one will touch a 9 year old case that is mostly been settled (PTD not I cleaned in settlement, which allots of 45% of my income for life... Hence the malpractice on atty)

    I'm frustrated, angry, stressed, and the elevated pain from OWS for over 2 months has almost ruined my relationship, and I can no longer take care of my kids alone, so pardon my ramblings)

  4. #4
    Join Date
    Oct 1971
    Posts
    5,009

    Default Re: Medical Side of Case is a Mess

    Scarlex
    No probable cause for search and seizure.
    It's the point of making ONLY WC patients have mandatory monthly screenings, and for things they don't prescribe, including things they know I'm on.
    Probable Cause pertains to a criminal investigation - This is a worker compensation case, big difference.

    What Is Probable Cause?
    Probable cause is a reasonable belief that a person has committed or will commit a crime.
    http://www.legalmatch.com/law-librar...-searches.html

    The carrier represents the employer, in Nebraska there are no restrictions placed on when or how often an employer may drug test.
    They have every right to test for drugs and alcohol at any point in your employment or claim.
    Also, it's normal for doctors to test your levels to be sure you're taking medicines as prescribed - they have every right to do so.

    Drug Testing for Nebraska Employees
    Nebraska employers may require employees to take drug tests. There are no restrictions on the circumstances in which an employer may require a drug test.
    An employer may fire or take other adverse action against an employee if:
    the employee tampers with a drug test sample
    the employee refuses to take a drug test, or
    the employee tests positive for drugs, and that result is confirmed in a certified clinic, hospital, or laboratory.
    http://www.nolo.com/legal-encycloped...-nebraska.html

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
    Join Date
    Aug 2016
    Location
    Nebraska
    Posts
    4

    Default Re: Medical Side of Case is a Mess

    I was fired 04/08. So I am no longer an empire of the state of NE.
    I'm not, and short of a miracle, will never be employed.
    That's why my searching had not helped me, as all statutes and case law I've read in NE ss48-101+ only refers to employees.

    I do recall an article about NE being one of 17 states and WC drug testing, but lord knows I didn't bookmark it.

    I'd be FINE with randomized testing.
    But to force me in monthly, for no reason that to attempt to pee in a cup, when ppl with private insurance is not required to do the same. It's profiling and that's why it but that's why I started refusing.

    With or withoutbuselss meds, I don't expect to be here in a year.

    Hence my reasons for being litigious.. Indian NOT have the strength and energybfornthis, but I've 2 special needs kids, and I want to hold the variousbparties responsible for treating me like crap for nearly an decade, so then from doing this to others and hopefully leave enough for my kids to pay for part of schooling (have a freshman whines MIT bound).

  6. #6
    Join Date
    Oct 1971
    Posts
    5,009

    Default Re: Medical Side of Case is a Mess

    Scarlex
    I was fired 04/08. So I am no longer an empire of the state of NE.
    I'm not, and short of a miracle, will never be employed.
    Worker Compensation is a benefit offered to EMPLOYEES , the carrier is insuring your employer.
    As long as you're receiving benefits from the insured, you are still bound by the rules as an employee.

    I'd be FINE with randomized testing.
    But to force me in monthly, for no reason that to attempt to pee in a cup, when ppl with private insurance is not required to do the same. It's profiling and that's why it but that's why I started refusing.
    That statement is ridiculous and you know it.

    Why stop there, why not make everybody in America take a drug test because you have to? (we wouldn't want to profile poor you)
    No one's "forcing you" to do anything - drug testing is a condition of receiving medications and benefits, you have every right to refuse. (I don't know why)
    Thousands of people follow the same requirements every month - they have no problem with it and pass with flying colors.

    If you don't want to cooperate - don't.
    But then quit with the pity party because you shot yourself in the foot - you destroyed your claim, no one else.
    I still don't get what's the big deal with a drug test - you're clean, right?

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  7. #7
    Join Date
    Nov 2014
    Posts
    3

    Default Re: Medical Side of Case is a Mess

    I was on morphine for 7 years 120 mg twice a day and 30 mg of oxtcotin for break threw meds. I was tested and he's my best friend.

    they do it to protect that license that they worked hard for on the wall ,as well as to making sure you are taking as perscibed

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