Weaver v. Whitaker Furniture Co., Inc.

I cannot agree with the majority opinion in this case.

The appellant, Louis Weaver III, was denied compensation because he tested positive for marijuana at the doctor’s office where appellant’s supervisor took appellant after he fell from a forklift while at work.

The administrative law judge held that appellant failed to prove by a preponderance of the evidence that he sustained a compensable injury within the meaning of Act 796 of 1993. The law judge’s opinion stated:

To summarize, the opinions of the experts indicated that the claimant had recently used marijuana, or similar substances, at a…