Legal Question in Workers Comp in Georgia

Re: Denial of Workers Compensation Claim

Yes to both questions. If you have access to the Georgia Code, look up Official Code of Georgia Sec. 34-9-17(b). You may contact me directly if you wish to discuss further.

Re: Denial of Workers Compensation Claim

The real issue is whether the injury was related to the intoxication by alcohol or being under the influence of a controlled substance. The standards by which the judge will consider this question are set forth in the law. A presumption exists as to alcohol, if there is shown by chemical analysis, present in the blood .08 grams or greater. As to marijuana or drugs, if there is shown to have been any amount present in the employee's blood, within eight hours of the time of the accident or injury, there is a similar presumption. The same is true if the employee unjustifiably refuses the test. In all cases, the presumption is rebuttable, that is, the presumption can be overcome upon the presentation of evidence sufficient to overcome the presumption. For a more direct answer in your particular situation, I would need to speak to you directly and develop further the specific facts in your case.