Louisiana Employer Held Responsible for Workers’ Compensation Benefits and Attorney’s Fees Despite Injured Worker Testing Positive for Cocaine After Injury

The Court of Appeals of Louisiana, Third Circuit, upheld a workers’ compensation judge’s ruling that an employer owed a claimant workers’ compensation benefits, penalties, and attorney’s fees.  The claimant, who sustained a severe injury to his hand when a hand crank that he was using to lower a light tower spun out of control, had also tested positive for cocaine and amphetamines after the on-the-job accident.

The court evaluated the employer’s appeal under Louisiana Revised Statute § 23:1081, which creates a rebuttable presumption in an employer’s favor when an employee tests positive for drugs after an accident.  The court, however, found that ample testimony existed in the record to rebut the presumption, including that the claimant testified that the crank was not equipped with a typical safety mechanism and that weather conditions were poor. Further, the court found that an award of penalties and attorney’s fees was appropriate because the employer had acted unreasonably in not paying the claim.  It explained that the evidence in the record showed that the employer was aware that the accident had occurred at the worksite and that the drug test may have been conducted improperly.  The court indicated that given these circumstances, the employer should not have relied exclusively on the positive drug test and should have paid the claim.