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The following is not meant to be legal advice.

Can a witness be incriminated for testifying in a deposition in a workers’ compensation proceeding that he used unlawful substances in the past?

A witness may be compelled to testify whether he used illegal drugs in the past.  California Labor Code Section 3600, liability for workers’ compensation exists against an employer for any injury sustained by his employees arising out of and in the course of the employment.  If an employee’s injury is caused by his unlawful use of a controlled substance, it appears that it would be necessary for the employer to ask if the employee had used illegal drugs in the past since that would be a factor in determining whether the employee’s injuries resulted from his own intoxication.

Under California Labor Code Section 3208.3(a), a psychiatric injury shall be compensable if it is a mental disorder which causes disability or need for medical treatment.  It appears from the statute that an employer may inquire into an employee’s past drug use to determine if the employee’s psychiatric injury was caused predominantly by the actual events of employment, or his own use of illegal substances.