Legal Opinion

Georgia Self-Insurers Guaranty Trust Fund v. Thomas

Supreme Court of Georgia

Decided July 6, 1998No. S97G1423PublishedCited by 8 opinions

1Opinion of the Court

Carley, Justice.

At issue in this case is the proper interpretation of several interrelated provisions of the Workers’ Compensation Act. OCGA § 34-9-17 (b) provides, in relevant part, that compensation shall not be allowed for an injury which is “due to intoxication by alcohol or being under the influence of marijuana or a controlled substance. . . .” In furtherance of this policy, OCGA § 34-9-17 (b) (3) mandates that, if the employee unjustifiably refuses to submit to a reliable, scientific drug test “to be performed in the manner set forth in OCGA § 34-9-415,” then a rebuttable presumption…

2Cases cited11 opinions

  1. Morton v. BellSupreme Court of Georgia · 1995
  2. City of MacOn v. WalkerSupreme Court of Georgia · 1949
  3. Reid v. PerkersonSupreme Court of Georgia · 1950
  4. Georgia Department of Human Resources v. Joseph Campbell Co.Supreme Court of Georgia · 1992
  5. Olsen v. StateCourt of Appeals of Georgia · 1983

6 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Cobb County School District v. BarkerSupreme Court of Georgia · 1999
  2. Brasher v. US Xpress Enterprises, Inc.Court of Appeals of Georgia · 2014
  3. Lingo v. Early County Gin, Inc.Court of Appeals of Georgia · 2018
  4. Kendrix v. Hollingsworth Concrete Products, Inc.Supreme Court of Georgia · 2001
  5. Marine Port Terminals, Inc. v. DixonCourt of Appeals of Georgia · 2001

3 more not listed; retrieve them via the Exa API.

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