Summary of a Recent
Judicial Development in
Labor

Workers' Compensation Benefits Denied to Employee
Terminated for Falsifying Prescription

Walt McCarter
National AgLaw Center Research Associate

Summary of Decision

In Ballesteros v. Tyson Poultry, Inc., --- S.W.3d ---, 2009 WL 1151744 (Ark. Ct. App. 2009), the Arkansas Court of Appeals held that an employer had reasonable work-related cause to terminate an injured employee who falsified prescription information in order to obtain multiple refills of pain medication.

Background

The Workers' Compensation Commission denied benefits to a former Tyson Poultry employee after finding that he falsified the number of refills for his prescription for pain medication. Id. at *1. The Commission held that falsifying "work documents" was "a legitimate company policy under which altering the prescription justified [the employee's] termination," and the employee appealed the decision. Id.

Arguments

Appellant argued that Tyson had no reasonable cause for termination because he was fired for an unproven, non-work-related criminal allegation. Id.

Analysis and Holdings

The appellate court reasoned that the altered prescription was directly related to Tyson's legal duty to compensate the appellant for all reasonable and necessary medical treatment arising from a work-related injury. Id. The court found that Tyson "had a legitimate interest concerning when and if injured employees were being treated by physicians with the prescription of medication and the length of time the employee would be under the influence of the medication." Id. The court therefore affirmed the Commission's decision and held that Tyson had reasonable work-related cause to terminate the employee. Id.

The case was decided on April 29, 2009.