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GRAMMATICO v. INDUSTRIAL COM'N

No. 1 CA-IC 01-0117.

90 P.3d 211 (2004)

208 Ariz. 10

David C. GRAMMATICO, Petitioner, v. The INDUSTRIAL COMMISSION, Respondent, AROK, Inc., Respondent Employer, State Compensation Fund, Respondent Carrier.

Court of Appeals of Arizona, Division 1, Department A.

As Amended June 15, 2004.

Attorney(s) appearing for the Case

Jerome, Gibson, Stewart, Friedman, Stevenson & Engle, P.C., By Joel F. Friedman, Phoenix, Attorneys for Petitioner.

Laura L. McGrory, Chief Counsel, The Industrial Commission of Arizona, Phoenix, Attorney for Respondent.

Jones, Skelton & Hochuli, By Charles G. Rehling, Phoenix, Attorneys for Respondents Employer and Carrier.

OPINION

TIMMER, Judge.

¶ 1 In 1999, the legislature amended Arizona Revised Statutes ("A.R.S.") section 23-1021 to provide that if an employer implements a drug-free workplace policy, a worker who suffers a workplace injury and subsequently tests positive for alcohol impairment or illegal drug use is not eligible for workers' compensation benefits unless one of three exceptions applies. A.R.S. § 23-1021(D) (Supp.2003). In this special action, we...

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