Turney v. Southeast Personnel Leasing / Lion Insurance Company
JCC Forte (Fort Lauderdale) (Tony Amelio) (8-10-21)– Denied Compensability. The claimant, a leased employee, alleged that he injured his left arm when he fell from a ladder. The claimant initially reported to Care Sport and reported that he smoked medical marijuana. On this visit, he also reported that he fell off his roof at home, when the accident occurred at work. Further, he initially refused to submit to a drug test. However, subsequently, 14 days post-accident, he presented for a drug test, which revealed a positive marijuana result. E/C witness, owner of Alpine Farms, testified that he had advised the claimant that no drug use was allowed on the job. The E/C witness testified that he only became aware of the claimant’s marijuana use after the claimant was hired through a co-worker. The JCC found that the claimant knew that if the owner of the employer reported the accident, he immediately would have been required to submit to a drug test, so the claimant advised the owner to not report it. The JCC ruled that the claimant’s failure to voluntarily submit to a drug test until 14 days post-accident made the drug test results essentially useless. The JCC found that the claimant purposely delayed reporting of the accident, failed to take a timely drug test and knowingly made false statements to the detriment of the E/C. Therefore, the JCC denied the claim based on sections 440.105 and 440.09(7)(c). Click here to view Order |