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Drug-Using Workers Deserve Injury Benefits, Ariz. Court Says
August 15, 2005

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News Summary

The Arizona Supreme Court ruled unanimously that insurers cannot deny health coverage to workers even if they test positive for alcohol or other drugs after being injured on the job, the Arizona Daily Sun reported Aug. 11.

The court said that the state's workers-compensation program was established as a no-fault system, meaning that injured workers are eligible for benefits regardless of the cause of the accident. The ruling threw out a state law that said that workers who test positive for alcohol or other drugs forfeited their right to weekly benefits for lost wages and medical expenses.

Justice Michael Ryan said that the system is enshrined in the state constitution and cannot be altered by the legislature. Ryan said that workers who hurt themselves intentionally are not covered under the policy, but, "While alcohol consumption and illegal drug use shortly before work or during work undeniably increase the chances of being injured on the job, it cannot be unequivocally said that employees with alcohol or drugs in their system who sustain injuries have intentionally injured themselves."

The decision could lead to a new campaign by employers to amend the constitution, although an amendment would require approval by state voters. A spokesperson for Arizona's Drugs Don't Work program said the ruling could cause more employers to start drug testing in order to screen out problem workers before accidents occur.

The case before the court revolved around a construction worker injured on a job site; after testing positive for marijuana and amphetamines, the worker admitted having taken the drugs over the previous weekend.

The no-fault insurance policy also means that workers cannot sue employers for injuries on the job.

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