Del Rosario v. Fresh Mark, Inc.

Summary

The Ohio Fifth District Court of Appeals affirmed summary judgment for Fresh Mark, Inc. in a workers’ compensation dispute arising from an employee’s workplace injury and positive marijuana test. The court held that the employer was proceeding under R.C. 4123.54(A)(2), rather than invoking the rebuttable presumption under subsection (B), making the statutory requirements for a qualifying chemical test irrelevant; the undisputed evidence established marijuana impairment and proximate cause.

Holdings

1. The qualifying-chemical-test requirements of R.C. 4123.54(C) were irrelevant because Fresh Mark did not invoke the rebuttable presumption under R.C. 4123.54(B) and instead proceeded under R.C. 4123.54(A)(2).
2. Summary judgment for Fresh Mark was proper because the undisputed evidence established that Del Rosario was under the influence of marijuana and that the impairment was the proximate cause of his workplace injury.

Questions Presented

1. Whether the trial court erred in granting summary judgment to Fresh Mark under R.C. 4123.54(A)(2) based on evidence that Del Rosario was under the influence of marijuana and that the impairment proximately caused his workplace injury.
2. Whether the drug screen qualified as a qualifying chemical test under R.C. 4123.54(C).

Disposition

affirmed