GQ Corner

Q. We have a driver who “blacked out” while driving and rolled a tank truck. He refused medical attention but the employer took him to a medical clinic to have a drug screen done. However, once there, he refused consent to the screen. Can we still assert an intoxication defense even without a positive screen?

A. The Appeals Panel has held, in Decision Number 033057, that a refusal to submit to a post-accident drug test does  not equate to a positive test and is not sufficient evidence of intoxication to shift the burden of proof to the employee, to disprove intoxication. If you have some other evidence that Claimant did not have the normal use of his physical or mental faculties at the time of the accident, you would have a reasonable basis to raise the intoxication defense. You do not have to have a positive drug test to assert the intoxication defense to liability if other factors suggest intoxication at the time of the injury. You should continue to investigate the claim for evidence of intoxication. Possible helpful sources would be the peace officer report, ambulance and ER records, and interviews of coworkers and supervisors.

Q. The Division approved entitled to first quarter SIBs and we paid them accordingly. However, the deadline to file an application for second quarter SIBs has come and gone without an application from the claimant. Is there anything we must file at this time?

A. No. Assuming that when you sent the initial payment, you also sent the application for the 2nd quarter, then you have no obligation to file anything or send any applications for subsequent quarters until a new filing is made.