Ohio BWC Rebuttable Presumption Doctrine

In this presentation attorney Doug Jenks will discuss the rules and analysis of Ohio’s rebuttable presumption doctrine.  As he will explain, if an employee refuses a post-injury drug test, that refusal may create a presumption that the intoxication, and not work, caused the injury.  But that presumption is rebuttable.  That means, that the employee could show that intoxication did not cause the injury, and therefore, the claim could be allowed as a work injury.  Doug will go over some different scenarios to demonstrate these concepts.

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