Jack Lehr Electric v. UCBR – Cmwlth. Court – June 8, 2021 – reported opinion
https://www.pacourts.us/assets/opinions/Commonwealth/out/913CD20_6-8-21.pdf?cb=1
Held: Claimant not disqualified under sec. 401(e.1) of the UC Law, 43 P.S. 802(e.1), even though he failed an employer drug test, where
-claimant had a valid marijuana prescription and patient ID card
- claimant did not ingest marijuana while at work
- ER provided evidence that claimant was under the influence of marijuana while at work
- ER drug policy provides that “proper use” of prescription drugs is “exempt” from ER drug policy
