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October 15, 2008    DOL Home > OASP > Working Partners > SAID   
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SAID

Florida State Law--Workers' Compensation

Contact Information:

Department of State
Bureau of Administrative Code and Law 401 South Monroe, Elliot Building
Tallahassee, FL
904-488-8427
SAID Item No.: 696
Topic(s):Laws and RegulationsSub-topic(s): Workers' Compensation

Summary of Law(s) and Regulation(s):

Medical and indemnity benefits are forfeited, and an employee may be discharged for testing positive for alcohol or a prohibited drug, or refuses to test, provided the employer has a program in compliance with the Workers’ Compensation Premium Reduction Act.
Fla. Stat. Ann. § 440.101 (2003)

Benefits denied if injury caused primarily by employee’s intoxication or use of drugs not prescribed by physician. If employer does not have a certified program, an injured employee’s positive test or refusal to test creates a rebuttable presumption that the injury was caused primarily by the impairment, unless the employer had actual knowledge of and acquiesced while employee was under the influence.
Fla. Stat. Ann. § 440.09 (Supp. 2006)



 



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