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Rebuttable Presumption of Intoxication: Workers’ Comp and Marijuana
Our guest is law student Simon X. Cao, winner of this year’s College of Workers’ Compensation Lawyer’s John F. Burton Jr. Student Writing Award. His essay, “Fighting The Tide – Overcoming The Rebuttable Presumption of Intoxication In The Age of Marijuana,” examines a common Workers’ Comp defense arguing an injured worker was somehow culpable in his own injury by virtue of intoxication.
Cao examines to what extent – if any – evidence of prior marijuana consumption can be used against injured workers, as a growing number of states legalize marijuana both for recreation and medical use.
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