Byers v. Acme Foundry

Hill, J.:

In this workers compensation case, where there is no hint of alcohol or drug use by an injured worker, the administrative law judge and the Workers Compensation Board ruled that Mark Byers refused to comply with a postinjuiy urine testing policy of his employer, Acme Foundry, by giving an insufficient urine sample. The ALJ and Board ruled that Byers forfeited all of his rights to compensation based on their reading of K.S.A. 2012 Supp. 44-501(b)(1)(E). We disagree with that interpretation and hold that Byers’ actions did not amount to a refusal. We reverse and remand to the ALJ for a…