WI WC Frustration

I can't believe WI worker's compensation laws...

I have an employee who injured her finger on Saturday. She needed stitches so was required to take an alcohol/drug screen in accordance with our policies. She failed (marijuana). When I talked to her about it she admitted to having smoked but stated she was not under the influence at the time of the accident. We termed her based on our policies.

I spoke with our W/C carrier on Tuesday and was informed that we would have to pay her TTD (temporary total disability) until she was fully released to return to work even though her restrictions are very minor. In addition, unless we can prove that the accident was due to her being under the influence, the injury is compensable.

It really frustrates me that we are now stuck paying her for being off work because she chose to engage in illegal activities. Where is the justice?

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