Recchi America Inc. vs. Hall
In Hall vs. Recchi America Inc. 671 So. 2nd 197 (Florida 1st DCA 1996) the District Court of Appeals opined invalid a provision of Florida Statute that declared a positive urine for drugs (marijuana in this case) provided an irrebuttable presumption of impairment. On appeal, the Supreme Court affirmed.(Recchi America vs. Hall)
This case provides judicial recognition that a post accident drug screen is not a scientifically sufficient basis to conclude the accident was related to drug induced impairment.- E.G. Comstock
Ross vs. Ellard Construction Company
A traumatic amputation of a finger occurred in the course and scope of employment. Post injury urine drug screen tested positive for cocaine. The Circuit Court of Jefferson County, Alabama, granted a summary judgement for the employer denying benefits. Upon appeal the summary judgement was reversed on the basis that a positive DOT drug test for cocaine does not establish proximal cause. Ross vs. Ellard Construction Company, Inc. (686 So.2nd 1190) See also, American College of Medical Toxicology position statement- E.G. Comstock
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