BR-118149 (May 29, 2012) - Under the standard set forth by the Supreme Judicial Court’s Thomas O’Connor & Co. decision, the majority held that a claimant’s post-accident positive marijuana test did not preclude him from collecting unemployment benefits. Since he was not impaired at the time of the accident, the claimant’s use of marijuana at a bar-b-que outside of work several weeks earlier was not deliberate misconduct in wilful disregard of the employer’s drug testing policy. One Member wrote a dissenting opinion.
BR-110354 (June 3, 2011) -- Employer did not meet its burden to prove materials handler was working under the influence of marijuana where the claimant denied using marijuana and the employer's drug test procedure was flawed. Since there was no evidence that the individual, collection facility, or lab was certified to administer drug tests, we do not know if they were qualified to do so. Since we do not know how the urine sample was shipped from the collection facility to the lab, we have no assurance that it was the claimant's urine that was tested.
BR-112754-A (Mar. 30, 2011) – Claimant’s theft from the employer was not mitigated by his addiction to illegal drugs.
BR-109252-A (Feb. 24, 2011) -- A majority of the Board awarded benefits to a dock worker, where the only evidence of the presence of an illegal drug or controlled substance was the positive drug test, and the test did not follow the standards set forth by the federal government. Since the employer did not collect a split urine specimen, it cannot be assured that the positive result came from an untainted sample.
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