Marijuana, workers' compensation, random testing, return to duty.

Timothy Gray, a former employee of ATS Service/Acustaff, Inc., appeals a state board's ruling that denies him benefits after he was dismissed for posting a positive result in a company drug test. The company also cross appeals the board's ruling which found Gray eligible for disability benefits.

The state's Workers' Compensation Commission ruled that Gray was, in fact, terminated for cause. Thus, he was ineligible for benefits related to his dismissal. However, the commission also ruled that Gray, who was without the use of his left arm, was eligible for disability benefits.

A split decision. The Virginia Court of Appeals affirmed the commission's ruling. The court ruled that Gray was terminated for cause. However, the appeals court also determined that Gray was partially totally disabled. The court noted that Gray's dismissal for misconduct did not preclude him from receiving temporary total disability benefits.