“Presence” of THC could be a contributing factor

The tragic articles of a husband, Adam Lee who was killed while working on a ski elevator and tested positive for cannabis has left his wife, Erika Lee wondering why she is receiving a 50% reduction in survivor’s benefits from Workers Compensation insurance. 

Under normal circumstances, Mrs. Lee would have received 66 2/3% of Mr. Lee’s average weekly wages.   If Mr. Lee was earning on average $50,000 per year, then Mrs. Lee would have been entitled to $33,330.  Instead, she will receive just $16,665.      

A major contributing factor may be due to the Colorado Workers Compensation Act.   More specifically, the Act states under §8-42-112.5. Limitation on payments:

use of controlled substances. (1) Nonmedical benefits otherwise payable to an injured worker are reduced fifty percent where the injury results from the presence in the worker’s system, during working hours, of controlled substances, as defined in section 18-18-102

The challenge with the statute and testing for cannabis is THC may be present in the system, but does not impair the employee.  There’s a disconnect between the statute and reasonable testing standards for cannabis.    

The workers compensation act further warns the public about the potential reduction in benefits 

Colorado Workers Compensation Act

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