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)