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NED N. CARY JR.
vs.
ANHEUSER BUSCH AND CIGNA INSURANCE COMPANY
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Issues:
Workers' compensation, drug testing, refusal, evidence, policy and procedure.
Case Summary:
Ned Carey, a former employee of Anheuser Busch, appeals a state panel's rejection of his claim for workers' compensation benefits. Carey, a long-time employee of Anheuser Busch, experienced a religious conversion and became an ordained minister. He later refused to sign a form regarding the company's drug testing program and refused to participate in a mandatory psychological exam. The company subsequently terminated his employment. Carey applied for workers' compensation, claiming Christianity as a occupational disease that required treatment.
Decision of lower jurisdiction:
The Virginia Workers' Compensation Commission rejected Carey's claim for benefits. The commission ruled that Carey failed to establish that Christianity was an occupational disease as defined by state statute. Carey now appeals.
Outcome:
Carey loses. The Virginia Court of Appeals affirmed the ruling of the state commission. The appeals court ruled that Carey's complaint lacked merit.