VAN DUYN v. TRUCK DRIVER SERVICES, INC.

No. 1D00-973.

805 So.2d 1107 (2002)

Lisa VAN DUYN, Appellant, v. TRUCK DRIVER SERVICES, INC. and The Zenith, Appellees.

District Court of Appeal of Florida, First District.

February 6, 2002.


Attorney(s) appearing for the Case

Brendan M. Lee and Susan W. Fox of MacFarlane, Ferguson & McMullen, Tampa, and Laurie T. Miles of Smith, Feddeler, Smith & Miles, P.A., Lakeland, for Appellant.

Heather A. McLeod, Law Offices of Keith M. Hanenian, Orlando, for Appellees.


VAN NORTWICK, J.

Lisa Van Duyn appeals a worker's compensation order ruling that she is not entitled to benefits because she refused a drug test. She argues that the statutory forfeiture of benefits in section 440.101(2), Florida Statutes (1997), is not applicable because the clinic collecting the urine sample for the drug test did not give her an opportunity to be retested within 24 hours as required by the applicable administrative rule. For the reasons that follow...

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