Domino's Pizza v. Gibson

BARFIELD, Judge.

The employer and carrier appeal the decision of the judge of compensation claims which precludes expert testimony converting blood alcohol content from a percentage of blood serum to a percentage of whole blood. We are constrained by this court’s opinion in Florida Tile Industries v. Dozier, 561 So.2d 654 (Fla. 1st DCA), rev. denied, 576 So.2d 286 (Fla.1990), to affirm. In Florida Tile, this court construed section 440.09(3), Florida Statutes, saying:

This statute requires a test of the employee’s whole blood for alcohol content and makes no provision for testing of the…