Lingo v. Early County Gin, Inc.

Ellington, Presiding Judge.

*92 Earnest Lingo appeals from the order of the Superior Court of Early County which affirmed the decision of the Appellate Division of the State Board of Workers' Compensation denying benefits to Lingo based primarily on a positive drug screen. The appellate division found that Lingo's employer, Early County Gin, Inc. ("the Employer"), was entitled to a rebuttable presumption pursuant to OCGA § 34-9-17 (b) that Lingo's workplace injury was caused by his illegal marijuana use and that Lingo had failed to present evidence overcoming that presumption. Pursuant to a…