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New Hampshire Workmens' Comp
#1
My husband got hurt at work on 8/9 (he works at Walmart) he had full clearence to go back after having surgery in April of this yr. they had him pulling the truck (unloading) he pulled a muscle in the leg that had surgery. they took him to the er and put him out o workmens' comp. Tues 8/13 work called and told him he had to go to there doctors around 12:30 to do follow up and piss test. ( monday, tues and wensday is his day off). He has done all the required testing, and gone to another hospital for test. The drug test came back postitive. for a drug. that should not have been much in system Can he be fired for this and why was the test not done on Friday night or Sat morning. He had gone to monday night to pick a friend up that had been drinking heavily and could not drive. when don got there he found out the guy was doing other stuff as well and he tried to get him out after 1 hour he left him there. so if anything it was contact high. in his system. he has just had major surgery on his leg his arteries are that of an 80 yr old has pad so he can not afford to do anything like this and does not even smoke cig. He is to cheap to buy them. and none is allowed in the house. sorry we are old fashion. Thanks any information would be helpful
Cindy Davis
 
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#2
generally the carrier would have to show use of the substance caused the injury. if the claim is denied it can be appealed to the work comp board.
the state's work comp division can help your husband file the appeal:
http://www.nh.gov/labor/contact-us/phone.htm

there is no state law requiring the termination of an employee for a positive drug test.
if he is terminated, he can file a complaint with the state dept of labor
http://www.nh.gov/labor/index.htm
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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