Question: If a person tests positive for drugs or alcohol post accident,
does anything happen to their benefits? Can the claim be denied?
Answer: Our statute says that "the establishment of a
disability does not create a presumption of wage
loss." In other words, just because a claimant is
injured at work does not mean that he will
automatically get wage loss benefits. It is the
injury that must cause the subsequent loss of wages. If a
claimant was otherwise injured at work, but was subsequently terminated for theft (or drugs for example), then he or she is not entitled to wage loss benefits.