Grammatico v. Industrial Commission

OPINION

TIMMER, Judge.

¶ 1 In 1999, the legislature amended Arizona Revised Statutes (“A.R.S.”) section 23-1021 to provide that if an employer implements a drug-free workplace policy, a worker who suffers a workplace injury and subsequently tests positive for alcohol impairment or illegal drug use is not eligible for workers’ compensation benefits unless one of three exceptions applies. A.R.S. § 23-1021(D) (Supp.2003). In this special action, we are asked to decide whether this provision violates Article 18, Section 8, of the Arizona Constitution by depriving workers of compensatory benefits…