Thursday, June 21, 2012

UC - drug testing

unreported drug testing case - Cmwlth Court June 20, 2012

http://www.pacourts.us/OpPosting/Cwealth/out/2223CD11_6-20-12.pdf

Some language from the opinion

We rejected the argument that a medical review officer was necessary to admit drug testing results in Turner v. Unemployment Compensation Board of Review, 899 A.2d 381 (Pa. Cmwlth. 2006). In this case, this Court re-emphasized our earlier determinations that:

[I]t is not essential to produce either the person who made the entries or the custodian of the record at the time the entries were made or that the witness qualifying the business records even has personal knowledge of the facts reported in the business record. As long as the authenticating witness can provide sufficient information relating to the preparation and maintenance of the records to justify a presumption of trustworthiness of the business records of a company, a sufficient basis is provided to offset the hearsay character of the evidence. Id., at 386 (quoting Business Records as Evidence Act, 42 Pa. C.S. ยง6108(b)).

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