GQ Corner

Q: If an employee refuses a post injury drug test when it is the employer’s policy, can the claim be denied on that basis?

A: No it cannot. Sometimes the refusal generates red flags on a claim and the credibility of the claim is questioned, or whether there was an injury from the incident is questioned, but refusal to submit to a drug screen is an employment issue, not a WC basis for denial of a claim. The Appeals Panel has held that a refused drug test, in itself, does not amount to sufficient evidence to show intoxication at the time of the injury.

Q: The claimant was offered light duty, and the offer was mailed to him. He delayed for some time in responding, but finally came in and signed the offer. The offer stated he would come to work for 4 hours a day starting on 3/31/16. Claimant then texted his employer on 3/31/16 and stated he could not come in to work because he didn’t have money for gas.

Can I  dispute disability for the 4 hours he was offered and only pay partial TIBs?

A: If you have an offer that complies with the requirements of Rule 129.6 you may deem it to be bona fide and may count the 4 hours he was offered but did not work as post-injury earnings.