Stoned Worker Seeks Workers Comp After Injury

A worker used an acetylene torch to cut off the top of a barrel which exploded, injuring him. When receiving medical treatment, the worker tested positive for pot. Now he wants workers’ comp. Will he get it?

Employee Greg Prock was asked by his supervisor at Bull Shoals Landing to cut off the tops of two barrels. Prock and another employee used an acetylene torch and cut the top off of the first barrel.

When they began to cut the top off the second barrel using the same torch, there was an explosion. Both employees suffered injuries. Prock had severe burns to his legs, hands, face and arms. He sought workers’ comp benefits.

After testing positive for pot, Prock was denied benefits.

In Arkansas, the presence of drugs in his system shifted the burden to Prock to show why he should get workers’ comp. Prock had to prove “by a preponderance of the evidence” that the pot didn’t substantially cause the accident and his injury.

The ALJ found Prock’s injury was the result of his attempt to accomplish his assigned work task in a quick and convenient manner and not the result of impaired judgment caused by the use of marijuana.

Bull Shoals appealed the decision to the full Workers’ Compensation Commission which noted testimony by company management that Prock had been directed to use an air chisel to open barrels. In addition, the barrels had warning labels to not use a torch to open them.

Prock said he’d always used a torch to open barrels at work. But the Commission said that only showed Prock’s “long-term marijuana use” contributed to “his lack of personal safety.” The Commission reversed the ALJ’s decision, saying Prock didn’t prove his injuries weren’t the result of his pot use.

Prock took his case to an Arkansas appeals court which upheld the Commission’s decision. Recently the Arkansas Supreme Court heard the case.

Read Full Article At Safetynewsalert.com

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