State ex rel. Cordell v. Pallet Companies

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Employee was terminated from his employment after failing a routine drug test administered soon after a workplace accident in which he was injured. Employee’s drug use did not cause the accident. Employee’s workers’ compensation claim was initially allowed for temporary total disability (TTD) compensation. However, the Industrial Commission subsequently determined that Employee voluntarily abandoned his employment by using marijuana prior to the accident and was therefore not eligible for TTD compensation. Employee petitioned for a writ of a mandamus compelling the Commission to vacate its order denying TTD compensation and to issue an order granting Employee TTD compensation. The court of appeals granted the writ. The Supreme Court affirmed, holding that when an employee is terminated after a workplace injury for conduct prior to and unrelated to the injury, the employee’s termination does not amount to a voluntary abandonment of employment for purposes of TTD compensation when (1) the discovery of the dischargeable offense occurred because of the injury; and (2) the employee was medically incapable of returning to work as a result of the workplace injury at the time of the termination. View "State ex rel. Cordell v. Pallet Companies" on Justia Law