Workers' compensation, policy and procedure, cocaine, post-accident testing.

Kirby Thompson appeals a lower court's ruling in his suit against the United States Fidelity and Guranty Company. Thompson broke both his arms in a work-related injury. Thompson told emergency room personnel that he consumed cocaine the previous night. A post-accident drug test produced a positive result for the drug. USF&G began paying on Thompson's claim for workers' compensation, but terminated payments when they learned of his positive test result. A benefits judge determined that Thompson was eligible for benefits and ordered USG&G to reinstate payments. Thompson subsequently filed suit against USF&G for its earlier actions.

A district court ruled for USF&G, stating the positive drug test raised the question that Thompson's use of drugs might have contributed to the accident. Thompson now appeals.

Thompson loses. The Iowa Supreme Court affirmed the decision of the lower jurisdiction. The court ruled that Thompson failed to prove there wasn't a debatable question concerning his claim.