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Charles Ross
vs.
Ellard Construction Company Inc.
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Issues:
Drug test, injury, worker's compensation, proximate cause of injury, benefits denied
Case Summary:
Charles Ross argues that he should receive worker's compensation benefits despite a positive drug test administered following an injury on the job. Ross claims Ellard Construction Company, Inc., failed to prove that illegal drugs caused the accident.
Decision of lower jurisdiction:
Siding with the construction company's claim
Outcome:
Court of Civil Appeals of Alabama reverses the lower court's decision, finding that the company must prove Ross' impairment from illegal drugs "proximately" caused the injury in order to deny benefits. The appeals court remanded the case to Jefferson Circuit Court for further proceedings.