Family Denied Worker's Compensation Because Worker Killed in Accident Legally Used Marijuana

Source: civilized.life
Published: Jul 17, 2018
Author: By Joseph Misulonas
Post Date: 2018-07-28 18:15:53 by Gatlin
Views: 1563

We've heard of people being punished for using legal marijuana, but now apparently those problems also extend to a cannabis user's family as well.

A widow in Colorado is being denied half of the compensation she's owed after an accident that killed her husband. And the reason they're denying half the compensation is because her husband had legally used marijuana.

Adam Lee was an electrician in Colorado who was repairing a ski elevator in December 2016 when the machine began malfunctioning and he was killed. But now the state says they will only give Lee's family half of the compensation they are owed since a toxicology report done after his death determined he had high amounts of THC in his system at the time of the accident.

Of course, there are several issues with this. First of all, marijuana was legal at the time of Lee's death, meaning the state is punishing him for taking part in a legal activity. But second of all, there's no way to tell when Lee used marijuana prior to the accident. THC can remain in a person's body for days or even weeks after marijuana use. So there's no way the state of Colorado can say whether Lee had used marijuana shortly before the accident.

Unfortunately, this is perfectly legal under Colorado law, which says employers are allowed to reduce workers' compensation by 50 percent if a marijuana test is positive.

“I am frustrated with the system that is saying because he smoked a legal substance, we are going to take away your benefits from you and your kids,” Adam Lee's widow, Erika Lee, said.

Erika Lee says she will appeal the state's decision.

Considering how unscientific marijuana tests are, this seems like a pretty bad policy to maintain in the first state to legalize recreational cannabis.


Poster Comment:

A toxicology report done after his death determined he had high amounts of THC in his system at the time of the accident. Of course, there are several issues with this.
First of all, marijuana was legal at the time of Lee's death, meaning the state is punishing him for taking part in a legal activity.

The Colorado law makes the use of marijuana legal, but it does make the undertaking of a dangerous job task with HIGH amounts of THC in one’s system wise.

But second of all, there's no way to tell when Lee used marijuana prior to the accident. THC can remain in a person's body for days or even weeks after marijuana use.
THC an also be in a person’s body for minutes or even hours after marijuana use.
So there's no way the state of Colorado can say whether Lee had used marijuana shortly before the accident.
And here is the dilemma of difficult circumstance from which there is no escape because of mutually conflicting or dependent conditions. There is no way anyone can say whether Lee had NOT used marijuana shortly before the accident. Perhaps the tie-breaker in the decision to enforce the law was the use of the word “HIGH” amounts of TJC in his system.
Erika Lee says she will appeal the state's decision.
It is unfortunate that Erika Lee can’t bring suit in Dublin, Georgia.

Post Comment   Private Reply

#1: misterwhite    To: Gatlin (#0)

Unfortunately, this is perfectly legal under Colorado law, which says employers are allowed to reduce workers' compensation by 50 percent if a marijuana test is positive.

Well, there you go.

misterwhite posted on 2018-07-28 18:55:49   Reply   Private Reply


#2: nolu chan    To: Gatlin (#0)

Unfortunately, this is perfectly legal under Colorado law, which says employers are allowed to reduce workers' compensation by 50 percent if a marijuana test is positive.

“I am frustrated with the system that is saying because he smoked a legal substance, we are going to take away your benefits from you and your kids,” Adam Lee's widow, Erika Lee, said.

Erika Lee says she will appeal the state's decision.

Alcohol is legal, not just decriminalized under state law. Death by on the job shitface due to alcohol consumption is not ok just because alcohol is legal. Decriminalization of marijuana is not a license to OJT shitface.

The Colorado law makes the use of marijuana legal, but it does make the undertaking of a dangerous job task with HIGH amounts of THC in one’s system [UN?] wise.

I believe you meant to state unwise. It endangers workplace safety and could contribute to the death or injury of someone else. And it could cost benefits.

nolu chan posted on 2018-07-28 21:33:03   Reply   Private Reply


#3: misterwhite    To: Gatlin (#0)

Family Denied Worker's Compensation Because Worker Killed in Accident Legally Used Marijuana

Fake headline!

Should be "Family Denied Half of Worker's Compensation Because Worker Killed in Accident Legally Used Marijuana"

misterwhite posted on 2018-07-29 12:00:09   Reply   Private Reply