13.02. Alcohol or Drug Related Conduct.

• Court: Kansas

Kansas Workers Compensation Settlement Reporter 13.02. Alcohol or Drug Related Conduct SummariesChapter 1313.02 Alcohol or Drug Related ConductFebruary 2006. (Order) The record indicates that he was statutorily impaired at the time of the accident; however, respondent has failed to meet the burden of proving that claimant's impairment caused the accident. There must be evidence to explain the effect of the drug(s) on the claimant in order to persuade that the causation element has been satisfied. Wiehe v. Kissick Const., Docket No. 1,026,227. December 2002. (Award) Probable cause for a drug test must exist before a demand for testing and must exist independent from a mandatory drug testing policy. Kent v. Summit Drilling, Docket No. 250,939 (December 2002). December 1999. (Award) Board defined probable cause for taking drug test to mean sufficient information to lead a reasonable person to conclude that there was a substantial likelihood that drugs were used by or had impaired the injured person. Board reviewed rules for admissibility of drug test results and found there was not probable cause for the drug test. Board also found results inadmissible because the sample was not shown to be taken by a licensed health care professional. Ogden v. Evcon Industries, Docket No. 230,945. See Also, Foos v. Terminix, Docket No. 225,638 (June 2002). See Also,Bennie L. Kent vs. Summit Drilling, Docket No. 250,939 (June 2000); and Evans, Deceased vs. Frakes Trucking, Docket No. 234,610 (November 2001). October 1999. (Award) Before drug screen results can be admitted in evidence, the employer must prove: (1) it had probable cause to believe the employee had used or was impaired by a drug; (2) the test sample was collected contemporaneously with the events establishing probable cause; (3) a licensed health care professional collected and labeled the test sample; (4) the test was performed by an approved or licensed lab; (5) the test was confirmed by a reliable analytical method; and (6) the test results were beyond a reasonable doubt taken from the employee. Bohannon v. Dynamic Drywall, Docket No. 230,500. ----- Results of drug test are not admissible in evidence unless there was probable cause to believe the employee had used or was impaired by drugs. Probable cause exists when there is sufficient information to form a reasonable belief...