0017 2240 72 (Sept. 28, 2016) - Notwithstanding the provisions of G.L. c. 94C, § 32L, the claimant commercial truck driver is disqualified from benefits under Olmeda, because he ingested marijuana even though he knew he was subject to random DOT drug testing and would lose his CDL and ability to perform his job if he failed such test. He was at fault for his own separation.
0018 3168 60 (July 29, 2016) – Claimant, who tested positive for marijuana, is not disqualified from receiving benefits in light of G.L. c. 93, § 32L. She was not under the influence of drugs while working, she was injured accidentally performing her job duties, and she was not subject to federal Department of Transportation rules and regulations.
BR-108790-A (July 31, 2009) -- Denied benefits to RN who was fired for repeatedly stealing for his own use controlled substances prescribed to patients in the hospital where he worked. Board distinguished this misconduct from that attributable to alcoholism. This case concerns drugs which may not be legally possessed without proper medical authorization. Claimant's fear of being discharged for reporting his addictive problems showed that he knew what he was doing and was aware of the risk.