Williams v. Gary Breedlove Construction, Co.

GARRISON, Judge.

Craig Williams (Employee) appeals the dismissal of his workers’ compensation claim, which resulted from the assertion of his Fifth Amendment right not to testify. Under the circumstances of this particular case, we reverse and remand.

Employee began working for Breedlove Construction Co. (Employer) on Monday, February 28, 1994. On Tuesday, March 1, he fell from a roof, sustaining fractures to both ankles and three vertebrae. When Employee was taken to the hospital, a drug screening was performed and he tested positive for amphetamines, methamphetamines, and marijuana.

Employee…