In Richard Gould v. Beckmann’s Auto Parts, Inc. and FFVA Mutual Insurance Company the Claimant was involved in a work-related motor vehicle accident. When transferred to the hospital a blood sample was taken from Claimant. The E/C filed a motion seeking an order compelling the hospital to preserve the blood sample and an order was entered on the motion. The current motion seeks to permit the hospital to release the blood sample to E/C for alcohol and testing purposes. The Claimant also provided a urine sample which gave a positive result of marijuana use. The Claimant argued that E/C did not have jurisdiction because there was no pending Petition for Benefits. The JCC stated that jurisdiction can exist even in the absence of a pending Petition for Benefits. Furthermore, the Claimant argued that E/C had no reason to suspect drug or alcohol use. However, the urine sample which showed marijuana use gave reason to suspect drug or alcohol use. Motion GRANTED.
