JCC Rejects Orange County Drug-Free Workplace Defense

In Pamela Gabriela Maria Santizo v. Orange County Government/CCMSI, OJCC Case No. 25-015354JEJ, the claimant sought compensability after she crashed a golf cart at the Orange County Convention Center when something got in her eye and blurred her vision.

Judge Jill E. Jacobs found the claimant credible, accepted that she did not refuse alcohol testing, and rejected Orange County's position that a delayed blood draw amounted to a positive test or forfeiture of benefits.

The JCC concluded Orange County did not prove a valid drug-free workplace policy, failed to establish reasonable-suspicion testing or intoxication under sections 440.09, 440.101, and 440.102, granted compensability of the accident and resulting injuries, and awarded entitlement to E/SA-paid fees and costs.

Source: Compensation Order