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I am on workers compensation in california and i have a medical marijuana card can they stop my benefits for a failed test

Pittsburg, CA |
Attorney answers 2


Some employers give a post-injury drug test because intoxication is an affirmative defense to a WC claim. If they did, and it came up positive, the WC claim could be denied. If the employer did not conduct a post-injury drug test, it is a little late now. However, staying off Weed until the claim is over is a good plan.

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I agree with Mr. Corson. You're probably O.K. but why take chances. Your treating doctors may also give you a drug test. Why take chances.

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