Jackson Lewis: Kansas Court Holds Refusal to Submit to Drug Testing in Workers' Compensation Case Requires Evidence of Intent | Practical Law
This Law Firm Publication by Jackson Lewis, P.C. discusses a recent decision by the Kansas Court of Appeals holding that an employee providing a urine sample with an inadequate amount does not constitute a refusal to submit to a drug test under the state's Workers' Compensation Act, absent evidence of the employee's intent to thwart the test. The court's decision in Byers v. Acme Foundry overturned an Administrative Law Judge's decision holding that the employee effectively refused to submit to a drug test and therefore forfeited Workers' Compensation benefits because his urine sample was inadequate.