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GUSTAFSON'S DAIRY, NC. PROFESSIONAL ADMINISTRATORS, INC., Appellants
vs.
DARIS PHILLIPS, Appellee.
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Issues:
Worker's compensation, drug test, drug free workplace, disability benefits, post-accident testing.
Case Summary:
Gustafson's Dairy, Inc. appeals an order for compensation from the Judge of Compensation Claims to an employee injured on the job. The employee, whom tested positive and subsequently admitted using marijuana, sought and won temporary total disability and past payment of medical bills.
Decision of lower jurisdiction:
The Judge of Compensation Claims (JCC) ordered that the state legislature did not intend to bar employees from receiving medical benefits for injuries incurred on the job under "drug-free workplace" legislation. The JCC ruled that had the legislature wanted medical benefits barred, they would have used consistent terminology throughout the legislation in defining compensation.
Outcome:
Gustafson wins. The Court of Appeals of Florida reversed the decision of the lower jurisdiction, ruling that the legislation precludes the payment of all benefits.