Wednesday, December 18, 2002

In the Ohio Supreme Court mandatory testing for drugs and alcohol after an injury and a legislative presumption that refusal establishes a positive test was found to be unconstitutional. The court held a Claimant can refuse the test and offer testimony to overcome the implication of the Claimant's refusal. State ex rel. Ohio AFL-CIO v. Ohio Bur. of Workers' Comp.

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