Law Office of Alan Tysinger

Intoxication: How do Quantitative Drug Test Results Factor into Workers' Compensation Claim Denials?

Under the Texas Labor Code, workers' compensation claims can be denied on the basis of a positive drug test. The employee is presumed intoxicated, and the insurance carrier relieved of responsibility for the claim, upon proof of a positive drug test. A positive drug test is statutorily probative (even presumptive)... Read more →

Can my workers' compensation claim be denied because I tested positive for marijuana or other drugs?

The question of whether the insurance carrier can get out of paying a valid Worker’s Compensation claim because of a positive drug test is a complex one. Although attitudes to illegal drugs have shifted in recent years, especially regarding marijuana, the law has not really changed. Someone who test positive... Read more →