Theresa Lyons v. Cracker Barrel Old Country Store, Inc. and CCMSI

In Theresa Lyons v. Cracker Barrel Old Country Store, Inc. and CCMSI the Claimant was injured during the course of employment when she tripped on a bin while carrying another bin. The Claimant seeks various benefits which have been denied due to a positive drug test that was taken over a week after the accident. The Claimant was not required to take a drug test at the time of the accident. The Claimant holds a medical marijuana card she obtained in order to treat PTSD. Another employee witnessed Claimant’s fall and stated that it did not appear that Claimant was intoxicated. E/C raises an intoxication defense. The JCC DENIED intoxication defense based on the fact that the Claimant did not take a drug test at the time of the injury. As for the correction of AWW, based on the evidence provided the Claimant calculated the correct AWW and was entitled to TPD benefits and authorization of a medical appointment and authorization for cervical epidural steroid injections.

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