Judge Smoking Pot?

[AZStickman]

After reading his decision on this case I have to wonder.... Terry



A worker at a bear park smoked pot before coming to work where he fed grizzlies. The worker was seriously injured by one of the bears. A workers? compensation judge called that ?mind-bogglingly stupid.? But did the judge rule the worker was entitled to workers? comp?
Montana?s comp law says: ?An employee is not eligible for benefits otherwise payable under this chapter if the employee?s use of alcohol or drugs not prescribed by a physician is the major contributing cause of the accident.?

Here?s what happened in this case:

Employee Brock Hopkins entered a pen at Great Bear Adventures in West Glacier, MT, to feed grizzlies. He was attacked by one of the bears and escaped by crawling under an electrified fence. He suffered severe injuries.

Hopkins admits he smoked marijuana that day before entering the bear pen.

His employer presented no evidence about his level of impairment on the day of the attack.

Hopkins sought workers? comp benefits for his injuries but was initially denied on the grounds that his use of marijuana was the major contributing cause of the accident. Hopkins appealed to the state?s Workers? Compensation Court.

Here?s what the judge wrote: ?When it comes to attacking humans, grizzlies are equal opportunity maulers, attacking without regard to race, creed, ethnicity, or marijuana usage. Hopkins? use of marijuana to kick off a day of working around grizzly bears was ill advised to say the least and mind-bogglingly stupid to say the most.?

The judge noted that, while using pot before interacting with bears may have been stupid, there was no evidence presented to conclude that Hopkins? pot use was the major cause of the incident.

The decision: Hopkins was entitled to workers? comp benefits.

What do you think about the judge?s decision in this case? Let us know in the Comments Box below.

Hopkins v. Uninsured Employers? Fund, Workers? Compensation Court of MT, No. 2008-2152, 5/4/10.

 

[feddoc]

No evidence as to level of impairment...seems like the judge was right.


Compromise, hell! ... If freedom is right and tyranny is wrong, why should those who believe in freedom treat it as if it were a roll of bologna to be bartered a slice at a time?

 

[AZStickman]

"No evidence as to level of impairment...seems like the judge was right."

Obituary of Common Sense !


Today, we mourn the passing of an old friend by the name of Common Sense.

Common Sense lived a long life, but died from heart failure at the brink of the Millennium. No one really knows how old he was since his birth records were long ago lost in bureaucratic red tape. He selflessly devoted his life to service in schools; hospitals, homes, factories and offices, helping folks get jobs done without fanfare and foolishness.

For decades, petty rules, silly laws and frivolous lawsuits held no power over Common Sense. He was credited with cultivating such valued lessons as to know when to come in from rain, the early bird gets the worm and life isn't always fair.

Common Sense lived by simple, sound financial policies (don't spend more than you earn), reliable parenting strategies (the adults are in charge, not the kids), and it's okay to come in second.

A veteran of the Industrial Revolution, the Great Depression, and the Technological Revolution, Common Sense survived cultural and educational trends including feminism, body piercing, whole language and new math.

But his health declined when he became infected with the "if-it-only-helps-one-person-it's-worth-it" virus. In recent decades, his waning strength proved no match for the ravages of overbearing federal legislation.

He watched in pain as good people became ruled by self-seeking lawyers and enlightened auditors. His health rapidly deteriorated when schools endlessly implemented zero tolerance policies; when reports were heard of six year old boys charged with sexual harassment for kissing a classmate; when a teen was suspended for taking a swig of mouthwash after lunch; when a teacher was fired for reprimanding an unruly student. It declined even further when schools had to get parental consent to administer aspirin to a student but couldn't inform the parent when a female student is pregnant or wants an abortion.

Finally, Common Sense lost his will to live as the Ten Commandments became contraband, churches became businesses, criminals received better treatment than victims, and federal judges stuck their noses in everything from Boy Scouts to professional sports.

As the end neared, Common Sense drifted in and out of logic but was kept informed of developments, regarding questionable regulations for asbestos, low-flow toilets, smart guns, the nurturing of Prohibition Laws and mandatory air bags.

Finally, when told that the homeowners association restricted exterior furniture only to that which enhanced property values, he breathed his last.

Common Sense was preceded in death by his parents Truth and Trust; his wife, Discretion; his daughter, Responsibility; and his son Reason. His three stepbrothers survive him: Rights, Tolerance and Whiner.

Not many attended his funeral because so few realized he was gone.


Author Unknown

 

[gb22]

I think it's too bad they hadn't discovered his use of marijuana earlier, which would have been grounds for dismissal (in my opinion). He probably did a lot of dumb things.

HOWEVER, bears do attack completely capable people and the employer apparently presented zero evidence that this would not have happened irrespective of using marijuana. I don't think the judge had any choice.


Within the shadows, go quietly.

 

[nickman]

The Judges decision is correct. Also, his foresight is right on, believing I am sure that, eventually Darwin's Law will catch up with the guy anyway.

 

[HKShooter]

My guess is the bear was pissed he didn't puff-puff-pass...so he mauled him. Dude needs to learn to share. What an arsss.



HK

 

[AZStickman]

I still think this judges opinion was way off here's a couple of reasons;

1. The employee admits to smoking Pot before entering the bear pen. Pot is an illegal substance in Montana and his use constitutes a criminal act. Since the employee was injured during the commission of a crime he should be held 100% accountable for his actions and medical costs.

2.) The employee admits to smoking Pot before entering the bear pen. The short term effects of Marijuana are well documented. The burden of proof of the effects of impairment shouldn't lie with the employer when the employee admits to being under the influence when the injury occured.

Here's a list of Marijuana's effects from a quick search on Web MD:

"THC is rapidly absorbed after smoking pot. Within minutes, THC and the other substances in marijuana smoke cause short-term medical effects.
Signs of using marijuana include:
?rapid heart rate
?increased blood pressure
?increased rate of breathing
?red eyes
?dry mouth
?increased appetite, or "the munchies"
?slowed reaction time

These effects are reduced after three or four hours. However, marijuana hangs around in your system for as long as 24 hours after smoking. The lingering effects mean you're impaired for several hours after the high wears off.

Other short-term psychological effects of pot include:
?distorted sense of time
?paranoia
?magical or "random" thinking
?short-term memory loss
?anxiety and depression"

I would think at the very least a reasonable person could see that the slowed reaction time and random thinking could have been significant contributing factors to his accident....... Terry

 

[Wiszard]

HK's assessment is spot on! P-P-P IS the rule. I can't speak for the bear community but my guess is that they follow the same ethical agenda.


Steve

 

[stanley]

>HK's assessment is spot on! P-P-P
>IS the rule. I can't
>speak for the bear community
>but my guess is that
>they follow the same ethical
>agenda.
>
>
>Steve


LOL!!!!!!!!!