Workers' compensation, marijuana, pre-employment testing, refusal.

Officials at the Great Northern Paper Company appeal a lower court's ruling concerning a former employee and workers' compensation benefits. Company officials offered Betty Cote, a former employee who had sustained two work-related injuries, summer employment. The position required a pre-employment drug test. Cote submitted to the exam and posted a positive result for marijuana. The company then petitioned the state for a reduction in worker's compensation benefits for Cote. The company contends that Cote's positive result in the drug test constituted a refusal of suitable work. The state's worker's compensation review board rejected the company's petition and the company filed an appealed.

An appellate court affirmed the state review board's decision to reject the company's petition. The company now appeals.

Cote wins: The Supreme Judicial Court of Maine affirmed the lower court's ruling. In review the language and intent of the state's statute, the supreme court ruled the state legislature imposed a duty on a company to reinstate an injured employee. However, the state legislature placed no duty on the employee to be prepared for reinstatement.