The claimant filed a motion for emergency conference In the Miami workers’ compensation case of Ronal Ferman v. Capform. In this case, the employer initially accepted the claimant’s accident as compensable. An authorized physician labeled the accident as the major contributing cause of the injury, and the claimant was scheduled for surgery.
The employer denied having responsibility for compensating the surgery. They brought forth an intoxication defense, claiming they did not need to provide compensation since the claimant was found to have cocaine in their system.
The court denied the employer’s defense since the alleged intoxication was not responsible for the accident. Additionally, the administration of the drug test had not complied with administrative rules.
Claimant’s Motion for Emergency Conference GRANTED