Legal Question in Workers Comp in Florida

drug screening

Can a workman's comp nurse legally request a drug screen at her whim? Thiis is in the state of Florida, she plans on going to the DR & the attny made reference that she may have to submit to a drug screen? She is on MS 20mg twice daily as prescribed by the Dr! Is this within the guidelines of the law??


Asked on 5/15/09, 9:04 pm

3 Answers from Attorneys

Jane-Robin Wender Wender Law, P.A.

Re: drug screening

Your question is a complicated one. 1st, if she is not a direct employee of the carrier and works for a seperate company like GENEX, Corvel, Concentra or something similiar, she has no right to do anything and an attorney can be aggressive in asking the court to kick her off your file (by filing what is called a Motion for Protective Order). If she is an employee of the carrier, she can may be able to suggest to the doctor to run a drug screen. If you were my client, I would not allow the client to just be sent for one without the doctor's orders. There also may be some difference in what is within the bounds of the law to do versus what she can ethically do. I can tell you that many doctors are starting to have patients go through drug screening, not only to check if there are illegal drugs in the system but to make sure that the patients ARE taking the prescriptions prescribed to them. For more information or a free consultation, call 561.276.5757.

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Answered on 5/15/09, 10:28 pm
Jane-Robin Wender Wender Law, P.A.

Re: drug screening

Your question is a complicated one. 1st, if she is not a direct employee of the carrier and works for a seperate company like GENEX, Corvel, Concentra or something similiar, she has no right to do anything and an attorney can be aggressive in asking the court to kick her off your file (by filing what is called a Motion for Protective Order). If she is an employee of the carrier, she can may be able to suggest to the doctor to run a drug screen. If you were my client, I would not allow the client to just be sent for one without the doctor's orders. There also may be some difference in what is within the bounds of the law to do versus what she can ethically do. I can tell you that many doctors are starting to have patients go through drug screening, not only to check if there are illegal drugs in the system but to make sure that the patients ARE taking the prescriptions prescribed to them. For more information or a free consultation, call 561.276.5757.

Read more
Answered on 5/15/09, 10:28 pm
Jane-Robin Wender Wender Law, P.A.

Re: drug screening

Your question is a complicated one. 1st, if she is not a direct employee of the carrier and works for a seperate company like GENEX, Corvel, Concentra or something similiar, she has no right to do anything and an attorney can be aggressive in asking the court to kick her off your file (by filing what is called a Motion for Protective Order). If she is an employee of the carrier, she can may be able to suggest to the doctor to run a drug screen. If you were my client, I would not allow the client to just be sent for one without the doctor's orders. There also may be some difference in what is within the bounds of the law to do versus what she can ethically do. I can tell you that many doctors are starting to have patients go through drug screening, not only to check if there are illegal drugs in the system but to make sure that the patients ARE taking the prescriptions prescribed to them. For more information or a free consultation, call 561.276.5757.

Read more
Answered on 5/15/09, 10:28 pm


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