
By Chad McDonald, Esq. When an injured worker fails a drug screen after a work-place accident, the employer and insurer rightly want to deny the claim. However, to effectively assert the “Intoxication defense,” employers and insurers should be aware of several requirements, which include the method and timing of the test, as well as what to do if the test is not “perfect.” What is required for an Intoxication Defense? Pursuant to O.C.G.A 34-9-17, workers’ compensation benefits can be denied if, at the time of the accident, the employee: 1) had ingested alcohol or marijuana or improperly ingested a “controlled substance,” 2) to the point of intoxication (or impaired judgment), and 3) the employee’s intoxication proximately caused the accident. Timing is everything. For
Alcohol
Testing needs to be performed Proper identification of the |