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Marcinak v Norcote, Inc, 2004
The plaintiff in this case tested positive for marijuana use at the time of his injury. The Magistrate found and the Commission affirmed that the plaintiff’s injury was occasioned by his willful misconduct and drug use. The Commission explained that when an employee’s injury is caused by their own intentional and willful misconduct, then compensation is not available under the provisions of the Workers’ Compensation Act.
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