Construction worker’s fall injury claim denied over positive marijuana test

The Mississippi Court of Appeals upheld the denial of an injured worker’s claim for benefits because he failed to prove his use of marijuana had not contributed to the accident.

Scott Penton was working as a framing contractor for Hinton Homes LLC, the general contractor on a construction project, and hired Daniel Ladner as a framing assistant. In 2020, Mr. Ladner was nailing plywood decking on the home’s roof when he fell through a hole to the concrete foundation below, sustaining injuries, according to Ladner v. Hinton Homes LLC, filed May 6.

Mr. Ladner was taken to the hospital and tested positive for marijuana. Hinton Homes denied his workers compensation claim, arguing that his claim was not compensable because state law says no compensation is payable “if the [claimant’s] use of drugs illegally … was the proximate cause of the injury.”

An administrative law judge denied Mr. Ladner’s claim and The Workers’ Compensation Commission affirmed.

The Mississippi Court of Appeals said the state law’s presumption applied because Mr. Ladner tested positive for marijuana at the hospital immediately after his accident.

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