Brian Phillip Vassallo

Workers' Compensation

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Florida

The Florida Bar

ID Number: 151114

Since 1998

Stetson University College of Law

Florida State Bar  # 151114

Member

1998 - Current

Board Certified in Workers' Compensation Law

The Florida Bar

Q. What can I do about a failed workmans comp drug test for prescription medical marijuana?

December 9, 2022

A: Work comp shouldn't be requiring random drug testing as it relates to the injury and original date of accident unless the authorized treating physician is prescribing medications and drug testing is medically necessary. However, the employer may have a drug free workplace program in place but your husband should have been provided with the employer's written policy as to the drug free workplace. If the employer has an established drug free workplace program and meets all the requirements, random drug testing may be a requirement. I haven't reviewed the employer's policy but employer's who have an established drug free workplace are probably receiving a discount on their workers' compensation premiums so if they don't drug test, it's possible they may lose that discount. I'd recommending contacting a workers compensation attorney to discuss the situation in more detail.

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