Supreme Court of Ohio Affirms Positive Post-Accident Drug Screen Results Not an Automatic Bar to Compensation

Case Background and Injury

In State ex rel. Cordell v. Pallet Cos., Inc., 149 Ohio ST.3d 483, 2016-Ohio-8446, the Supreme Court of Ohio recently held in favor of an injured worker. This worker was terminated due to post-accident drug screen results.

In 2012, James Cordell was working for Pallet and suffered a serious injury. He fell near a loading dock and subsequently filed for workers’ compensation benefits the day after the accident.

Post-Accident Drug Screening

Mr. Cordell underwent a post-accident drug screen while at the hospital. Six days later, the results came back positive for marijuana metabolites. Mr. Cordell was terminated immediately following these results.

Initial Workers’ Comp Decision

The Industrial Commission of Ohio initially found Mr. Cordell ineligible for compensation benefits. They determined he had “voluntarily abandoned” his employment by using marijuana prior to the accident.

Tenth District Court of Appeals Ruling

The Tenth District Court of Appeals granted Cordell a writ of mandamus. This compelled the commission to vacate its order denying compensation and to issue an order granting the same.

Supreme Court of Ohio Affirms

The Supreme Court of Ohio affirmed the Tenth District's decision. They specifically addressed situations where an employee is terminated after a workplace injury.

when an employee is terminated after a workplace injury, his termination does not amount to a voluntary abandonment of employment for purposes of TTD compensation when (1) the discovery of the dischargeable offence occurred because of the injury and (2) at the time of the termination, the employee was medically incapable of returning to work as a result of the injury.

This ruling provides clarity for both employers and employees moving forward.