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I had a client recently tell me that he’d heard if the employee was found to have drugs in his system, workers’ comp would deny the claim.
Like a lot of stories in the insurance world, this isn’t black and white, and will also vary by state.
In Maryland, Injuries caused solely by intoxication or the effects of drugs not prescribed by a physician are not compensable. Now, injuries caused where the primary cause is intoxication or
the effects of drugs entitle Claimants only to medical benefits, unless the controlled dangerous substance was prescribed by a physician and the use was not excessive or abusive.
Imagine the difficulty in proving the level of intoxication, as well as the burden to show the drug intoxication was the sole cause of negligence. It can and has been done, but is difficult to prove.
Md. Lab. & Empl. Code Ann. §§ 9-506(b), 9-506(c). and Md.Lab & Empl. Code Ann. § 9-506(d).
I’ve been getting this question a lot lately. Primarily because NCCI stopped mailing the MOD Worksheets like they used to!
NCCI was mailing a letter providing a link with a username and password to access your experience MOD Worksheet.
If you didn’t receive this letter or can’t find it and want your worksheet (which if you’re here, I hope you want a copy of your worksheet!), you can email right from their website at https://www.ncci.com/nccimain/ContactUs/CustomerService/Pages/default.aspx
Or Call at 1-800-NCCI-123
NCCI will send the MOD Worksheet to you at no charge if you haven’t received it previously. They will likely ask for an email as well so they can transition away from faxing and mailing the worksheets.