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FREDDIE JODUAN FLEMING
vs.
SNAP CONTRACTING CORPORATION AND TWIN CITY FIRE INSURANCE COMPANY
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Issues:
Accident, workers' compensation, marijuana, safety, post-accident drug test, evidence.
Case Summary:
Freddie Fleming appeals the state's decision denying him workers' compensation benefits. Fleming sustained injuries in a fall from a workplace scaffolding. A post-accident drug test produced a positive result for marijuana, and an inspection of the scaffolding revealed Fleming failed to fasten down key railings before mounting the unit. Fleming's employer challenged his application for workers' compensation benefits. The employer cited regulatory provisions which deny benefits if substance abuse contributed to a workplace accident.
Decision of lower jurisdiction:
A state benefits commission rejected Fleming's application for compensation benefits. The commission ruled Fleming's positive drug test and his failure to properly secure the scaffolding supported the employer's contention that substance abuse contributed to the accident. Fleming now appeals.
Outcome:
Fleming loses. The Virginia Court of Appeals affirmed the commission's decision to deny workers' compensation benefits.