May 15, 2025 | MedLegalNews.com — Marijuana Use Disputed: A California appellate court has affirmed the denial of workers’ compensation benefits for a roofing worker who tested positive for marijuana after falling from a rooftop. The worker failed to prove the drug did not contribute to the accident.
Roofer Tests Positive After 20-Foot Fall
The injury occurred while the worker was installing shingles on a residential roof. He lost his balance and fell approximately 20 feet, suffering multiple fractures. At the hospital, a routine toxicology screen confirmed the presence of THC, the psychoactive compound in marijuana.
Despite claiming he used marijuana days before the accident, the worker did not provide evidence that he was unimpaired when he fell.
Burden of Proof Was Not Met
California law under Labor Code § 3600(a)(4) allows insurers to deny benefits when intoxication causes or contributes to an injury. Once the employer’s insurer raised intoxication as a defense and provided the toxicology report, the burden shifted to the injured worker.
However, the worker submitted no expert opinion, toxicological analysis, or medical testimony. Instead, he relied solely on his own claim that he was not impaired—an approach the court found insufficient.
Appellate Court Affirms Denial
The appellate panel upheld the Workers’ Compensation Appeals Board (WCAB), which found that the worker did not carry his burden of proof. According to the court, subjective statements must be backed by objective evidence when drug use is a factor. Marijuana Use Disputed
Furthermore, the court emphasized that marijuana, though legal in California, remains a legitimate basis for benefit denial if impairment is involved and cannot be ruled out.
Cannabis and Workers’ Comp: A Growing Legal Concern
This decision adds to a growing body of case law around marijuana and workplace injuries. As cannabis becomes more commonly used, both employers and employees face increasing legal risks without clear workplace policies and proper documentation.
📚 Read More from MedLegalNews.com:
- Four Indicted in FL for Off Books Payroll Scheme & Workers’ Comp Fraud
- Court Upholds Denial of Health Care Worker’s Claim for Knee Injury
- Labor Department Alleges Post Office Fired Worker for Reporting Injury
- WCIRB Projects Highest Combined Ratio in 14 Years
- Construction Company Cited $157,500 After Fatal Trench Collapse