Imagine the following hypothetical: It is 10 a.m. and an employee limps into his supervisor’s office, bleeding profusely from his hand. The employee informs the supervisor that he accidentally caught his hand in a dangerous piece of machinery at his workstation. The employee is immediately sent to the emergency room, where he receives 15 stitches and is informed that the laceration caused severe nerve damage to his hand. Additionally, per company policy, the employee submits to a post-accident drug screen. The results of the drug screen come across the employer’s desk one week later: positive for cocaine.

Several days pass, and then the injured employee shows up to work with a note from his family doctor, indicating that the nerve damage to the employee’s hand renders him partially disabled, and he is only capable of performing light duty work. Upon presenting the note to his supervisor, the employee is informed that he has been terminated from employment for his violation of the company’s drug policy. Additionally, with knowledge of the positive post-accident drug screen, the employer’s insurer immediately files a Notice of Workers’ Compensation Denial, acknowledging that an injury took place but pleading that the employee is not disabled as a result of this injury within the meaning of the Workers’ Compensation Act. Shortly thereafter, claimant files a Claim Petition with the Bureau of Workers’ Compensation, alleging the right to wage loss and medical benefits.

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