Post-Accident Drug Testing: Part 1 — New Jersey

For New Jersey, a post-accident drug test can be helpful. In an unreported decision, the Appellate Division found that an injured employee terminated after he was placed on light duty, due to a failed drug test, is not automatically entitled to temporary disability benefits. Gioia v. Herr Foods, Inc., No. A-0667-10T4 (App. Div. Oct. 11, 2011). The employer provided testimony that it would have offered the injured employee light duty if not for the failed drug test. Since the lost income was not a result of the disability, but rather the failed drug test, the Appellate Division reversed the Workers’ Compensation Court’s order for temporary disability benefits. On remand, the claimant would have to prove that he would have been working or had promise of employment but lost that income because of the work disability.

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