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  1. #1
    Join Date
    Mar 2017
    Posts
    3

    Default Marijuana Use for Pain, Instead of Narcotics,, Can I Lose My W. Benefits

    Hi guys I have a friend that is on WC for a very severe nerve injury. He uses marijuana to help with the pain because he didnít like the feeling he had on opiates and other narcotics. He is worried that if he is given a drug screen and wc sees that he is using marijuana he will lose his TTD, weekly payments and forfeit any medical care and future settlement. Does he have anything to worry about or is he borrowing trouble? Thank you for looking and reading

  2. #2
    Join Date
    Oct 1971
    Posts
    4,994

    Default Re: Marijuana Use for Pain, Instead of Narcotics,, Can I Lose My W. Benefits

    Pot is still illegal federally.
    If he's found to be using pot, he can lose his job and his worker comp benefits.
    Here's a re-post from one of my earlier threads on this topic.

    What happens in the workplace with legalized recreational marijuana
    By Amy Biolchini | abiolch1@mlive.com | Posted November 16, 2018 at 12:27 PM
    Marijuana will soon be legal in Michigan for adults 21 and over to use -- but it won't mean penalties for marijuana use go away.
    While police can't arrest you for carrying a joint or vape pen in your pocket, your employer could fire you for it.
    A number of large Michigan employers opposed Proposal 1 during the campaign -- including Dow Corporation, Haworth and Gordon Food Services. Some, like DTE Energy, made it clear they would not be changing their drug policies.

    Q: I have my medical marijuana card. Does that protect me from getting fired?
    A: No.

    Q: But I thought medical marijuana was also legal in Michigan?
    A: Voters did legalize medical marijuana in 2008.
    But a Sixth Circuit Court of Appeals decision has allowed employers the ability to fire or refuse to hire someone due to their medical marijuana use.
    This could change in the future, as there is dissension between courts as to what is appropriate, said Alex Leonowicz, a lawyer at the Cannabis Industry Group at Howard & Howard. The U.S. Supreme Court may have to decide the law of the land in this case, as medical marijuana is now legal in 33 states

    Q: Can my employer request a drug test after a workplace accident?
    A: Only if there is reasonable suspicion of marijuana use, Canute said.
    The Occupational Safety and Health Administration requires there to be a suspicion of use, as random drug testing after workplace incidents created a chilling effect on the reporting of accidents and injuries, Canute said.

    Read on for some common questions and answers about marijuana and the workplace.
    https://www.mlive.com/expo/news/erry...workplace.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.

  3. #3
    Join Date
    Mar 2017
    Posts
    3

    Default Re: Marijuana Use for Pain, Instead of Narcotics,, Can I Lose My W. Benefits

    When will they do a drug screen for pot? Heís been on WC for 2yrs and no drug screen? Just donít want to see him back on opiates.

  4. #4
    Join Date
    Oct 1971
    Posts
    4,994

    Default Re: Marijuana Use for Pain, Instead of Narcotics,, Can I Lose My W. Benefits

    Quote Quoting dontworryaboutit View Post
    When will they do a drug screen for pot? He’s been on WC for 2yrs and no drug screen? Just don’t want to see him back on opiates.
    They can do a drug screen at anytime during the claim to check his levels and assure he's taking his meds as prescribed or if they suspicion illicit drug use, pot will show up.
    So what's he doing with the meds he's prescribed legally if he's not taking them?
    They'll assume he's selling them if his levels aren't right.

    Smoking weed is the perfect excuse for the employer to avoid liability, they'll love you (opps I mean your friend) for 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.

  5. #5
    Join Date
    Mar 2017
    Posts
    3

    Default Re: Marijuana Use for Pain, Instead of Narcotics,, Can I Lose My W. Benefits

    He is only on fluoxetine and duloxitine, he was suffering thru for a year before weed! I think he may just have to bite the bullet and go back on meds, he has too much to lose

  6. #6
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,743

    Default Re: Marijuana Use for Pain, Instead of Narcotics,, Can I Lose My W. Benefits

    Using marijuana for any purpose is still a big problem here in NC. The law here has not changed, and if you get hurt at work and test positive, your claim will be denied on the basis of "intoxication" and you will be fired.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

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