A: Paul’s answer: Failing a post-injury drug screening, assuming that you were not using cannabis at the time of the injury and it played no role in the accident, is not a sufficient basis for an employer to challenge the compensability of a workers' compensation claim in Illinois.

If you were using cannabis at the time of the injury and it did play a role in the accident I would need further facts before I could analyze the question further although I will say that the so-called intoxication defense is not a great defense for employers to workers' compensation claims in Illinois as a general rule and the facts have to establish a substantial link between the use and the cause of the accident.

The second part of your question deals with the general rights of employers to fire/discharge/discipline employees who use marijuana. Despite its legalization, employers are free to ban the use and possession of marijuana in the workplace. As long as the use is outside of the work environment, they cannot as a general rule impose discipline based upon that, although there are gray areas such as those who are "on call" for example so you would need to inquire as to the specific policy of your employer.

A: Paul’s answer: I agree with my colleagues. Just wanted to mention one or two other not so tiny problems that come up when you decide to have a second procedure done in the midst of a workers' compensation injury.

First, you complicate sorting out and paying the medical bills; sometimes to the point that it becomes next to impossible to figure out.

It's one thing if you go to the doctor and get your high blood pressure examination and refill of your blood pressure prescription while you happen to be there for your knee injury. That is easy to sort out and most doctors will keep the billing separate.

On the other hand, if you have 2 simultaneous or consecutive surgeries, both the same procedure to the same part of the body but on the left not the right, then much of the medical bills immediately are next to impossible to sort out. For example, is your pain medication post-surgery for the left knee or the right knee?

I tell people that I spend most of time representing the doctors and getting their bills paid not my clients. It's a bit tongue-in-cheek but like most jokes there's a lot of truth in there. This just makes it 10 times worse.

Also, one other thing to keep in mind. There's a discussion above about trying to relate this to the other side or original injury. That is possible, but a so-called "overuse" claim can be a tough sell with an Arbitrator and you can expect that the employer's expert will likely disagree with such a contention so there will almost always be an immediate dispute which may complicate your case and cause it to drag on much longer.

To make matters worse, if you have the exact same condition on the other knee, that may open up a can of worms. The employer may use that fact to question whether or not the initial need for surgery is indeed related to the accident in the first place, or possibly just normal aging and wear-and-tear.

The employer could retain a doctor to look at both knees and potentially opine that you have the same condition bilaterally. He might argue that the underlying need for surgery exists in both of your knee joints equally and the side that was involved in the accident is no better or worse than the other side and therefore in his opinion the accident merely exacerbated the condition temporarily, etc. etc.

COVID has changed us all I think. We have been more mobile working from home or even other States. I think that may be why for some reason people are now trying to "do 2 things at once" so this issue and similar ones seem to be coming up more and more lately. People wanting to move in the midst of their case, get a second procedure done in the middle of their case, spend a month somewhere else secondary to an ill parent or relative, etc.

While I certainly understand, these things are not helpful to your case and complicate things. Talk them over with a lawyer first.

A: Paul’s answer: I will be even more blunt: moving is never a good idea in the middle of a workers' compensation case, period, particularly if it is a large messy case with ongoing treatment and lost time.

Even being able to attend hearings, which are sometimes frequent, becomes a huge logistical nightmare overnight not to mention deposing doctors and obtaining medical records.

I advise people to move at your own peril; and do not complain about the complications to me later you were advised and chose to make things much more complicated and problematic but that was the decision you made - not me. Get a lawyer and talk it over so at least you know what you are doing and you are not being told this is something minor and not to worry about it.