Workers' Compensation

Georgia: Positive Drug Test Negated Because of Evidence Chain Issues in Drawing Injured Worker’s Urine

Acknowledging that under Ga. Code Ann. § 34-9-17(b)(2), there is a rebuttable presumption that marijuana use caused a work injury if any amount of marijuana is in the employee's blood within eight hours of the time of the alleged accident, a Georgia court also stressed that the presumption is dependent entirely upon compliance with the procedural requirements for testing established by Ga. Code Ann. § 34-9-415. Accordingly, where the employer presented no evidence as to the identity and qualifications of the person who actually drew the urine sample, the statutory procedure was defective, and the employer could not rely upon the rebuttable presumption. 

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law(LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance. 

See Lingo v. Early County Gin, Inc., 2018 Ga. App. LEXIS 328(June 1, 2018)

See generally Larson’s Workers’ Compensation Law, § 36.01.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law