In the Gainesville workers’ compensation case of Stephen Treiber v. Kirsplash, the claimant was involved in a work-related vehicle accident. Following the accident, the employer requested that the hospital drug test a sample of the claimant’s blood. The claimant had signed an employee form upon hire that agreed to comply with any drug testing in the event of a workplace accident.
The employer did not single the claimant out when requesting a test of their blood sample, as this was an action they took with all employees who applied for workers’ compensation.
The employer additionally believed they had a case of reasonable suspicion since photos from the accident revealed two empty prescription medical marijuana bottles in the company vehicle.
It was testified that Kirsplash was tolerant of medical marijuana usage on personal time however they are a drug-free workplace. The empty bottles revealed a possible breach in contract and the JCC agreed with the employer’s reasonable suspicion argument.
Employer’s motion for release of blood samples for testing GRANTED