Due process, drugs, workers' compensation, reasonable suspicion, post-accident testing, refusal, policy and procedure.

Thomas appeals a decision that denied him workers' compensation benefits for a work-related injury. Thomas, an employee of the Diamond Rug & Carpet Mill, sustained injuries while operating a forklift. Thomas was taken by ambulance to a nearby medical facility. Thomas refused to submit to a post-accident drug test, arguing that he had received medication from an ambulance attendant. Thomas later refused subsequent requests for a urine sample. One of Thomas' supervisor's reported seeing Thomas smoke what appeared to be a marijuana pipe prior to the accident. Thomas denied any drug use. He later applied for workers' compensation benefits. His employer challenged his application for benefits on the grounds that Thomas refused to comply with the company's drug testing policy.

An administrative law judge rejected Thomas' application for workers' compensation because he refused to submit to a post-accident drug test. Thomas now appeals. He contends the company never informed him that his benefits could be denied for refusing to participate in the drug test.

Thomas wins. The Georgia Court of Appeals reversed the ruling of the lower jurisdiction and remanded the case for additional action. The appeals court ruled that employers must notify employees of the consequences of refusing to abide by an established policy.