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HALL v. RECCHI AMERICA INC.

No. 94-2714.

671 So.2d 197 (1996)

Astley HALL, Appellant, v. RECCHI AMERICA INC. and Palmer & Cay Carswell, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied April 24, 1996.

Attorney(s) appearing for the Case

Jack J. Weiss, Miami, and Randy D. Ellison, West Palm Beach, for appellant.

Robert L. Teitler of Walton, Lantaff, Schroeder & Carson, Miami, for appellees.

DAVIS, Judge.

Appellant, Astley Hall, appeals an order of the judge of compensation claims (JCC) denying his workers' compensation claim solely on the basis that he had a positive drug test shortly after his accident at the employer's drug-free workplace. The JCC based the denial of benefits upon the conclusive presumption of section 440.09(3), Florida Statutes (1991), that an injury in a drug-free workplace to an employee who has positive confirmation of a drug shall...

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