Interstate Mechanical Contractors, Inc. v. McIntosh

OPINION

in which JANICE M. HOLDER, CORNELIA A. CLARK, and GARY R. WADE, JJ, and E. RILEY ANDERSON, Sp. J., joined.

Before this case was heard by the Special Workers’ Compensation Appeals Panel, we granted review to determine whether the trial court correctly applied the statutory presumption, imposed by the Drug-Free Workplace Act, Tennessee Code Annotated section 50 — 6—110(c)(1) (2005), that the employee’s drug use proximately caused his injury. The trial court applied the statutory presumption but found that the employee had successfully rebutted it by a preponderance of the evidence. We…