GQ Corner
Q. I have a claimant who was injured on 6/5/19. She had a positive drug test for marijuana with 670 ng/mg. Is there a threshold amount in Texas for marijuana?
A. There is no threshold for marijuana. There is a presumption of intoxication. You are entitled to deny the claim.
Q. I have recently received a claim for left side CTS with DOI 5/1/2019. It was not reported to the employer until 6/18. However, it is a cumulative injury, so I think the late reporting defense is a little weak. My main concern is that we have the same IW in a 2010 claim for bilateral CTS. As far as we are aware, there has been no additional care between the resolution of the prior claim and this new claim. I believe that we still owe the left side, but wanted to make sure there was not an easy out of this scenario.
A. It being so early in the claim and you being well within your deadlines to act, I suggest investigating the claim further. Specifically, I would take the claimant’s statement to investigate whether this is a recurrence of symptoms or an allegation of a new injury. During the course of the recorded statement, I would ask whether she has been treating since the 2010 claim and, if so, where? This may give you a better idea of whether you need to reopen the 2010 claim or whether you need to make a decision as to whether you should accept or deny this alleged injury.
FOLIO
