Georgia Self-Insurers Guaranty Trust Fund v. Thomas

501 S.E.2d 818, 269 Ga. 560, 98 Fulton County D. Rep. 2379, 14 I.E.R. Cas. (BNA) 214, 1998 Ga. LEXIS 739
CourtSupreme Court of Georgia
DecidedJuly 6, 1998
DocketS97G1423
StatusPublished
Cited by8 cases

This text of 501 S.E.2d 818 (Georgia Self-Insurers Guaranty Trust Fund v. Thomas) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Georgia Self-Insurers Guaranty Trust Fund v. Thomas, 501 S.E.2d 818, 269 Ga. 560, 98 Fulton County D. Rep. 2379, 14 I.E.R. Cas. (BNA) 214, 1998 Ga. LEXIS 739 (Ga. 1998).

Opinions

Carley, Justice.

At issue in this case is the proper interpretation of several interrelated provisions of the Workers’ Compensation Act. OCGA § 34-9-17 (b) provides, in relevant part, that compensation shall not be allowed for an injury which is “due to intoxication by alcohol or being under the influence of marijuana or a controlled substance. . . .” In furtherance of this policy, OCGA § 34-9-17 (b) (3) mandates that, if the employee unjustifiably refuses to submit to a reliable, scientific drug test “to be performed in the manner set forth in OCGA § 34-9-415,” then a rebuttable presumption will arise that the injury was caused by alcohol or drugs. OCGA § 34-9-415 is itself a part of the Drug-Free Workplace Programs Act (Drug-Free Act), other separate provisions of which compel the employers within its scope to give their employees a written policy statement identifying “[t]he actions the employer may take against an employee or job applicant on the basis of a positive confirmed test result” and “[t]he consequences of refusing to submit to a drug test.” OCGA § 34-9-414 (a) (1) (B), (a) (4).

The issue of proper construction of these statutory provisions arises in the context of a claim filed by Richard L. Thomas seeking compensation benefits based upon an injury he suffered while operating machinery for his employer, Diamond Rug & Carpet Mills (Diamond). While at the hospital following his injury, Thomas refused to take a drug test. Although Diamond, as a self insurer, was not within the scope of the Drug-Free Act, Thomas testified at the hearing that he had not been told that his refusal to submit to the test could result in the denial of benefits. The administrative law judge (ALJ) denied Thomas’ claim, concluding that the rebuttable presumption authorized by OCGA § 34-9-17 (b) (3) was applicable even though Diamond had not complied with the notice provisions of OCGA § 34-9-414. The Appellate Division adopted the award of the ALJ, and the superior court affirmed.

The Court of Appeals reversed and remanded, holding that due process requires that an employee be given notice that the refusal to submit to a drug test will result in a rebuttable presumption which may bar compensation benefits, and that equal protection mandates that all employees be given the same notice. Thomas v. Diamond Rug &c. Mills, 226 Ga. App. 403 (486 SE2d 664) (1997). Thereafter, Dia[561]*561mond filed for bankruptcy relief, and the Georgia Self-Insurers Guaranty Trust Fund (Fund) became the appellant in the case pursuant to OCGA § 34-9-385 (e). We granted certiorari to consider whether the applicability of the rebuttable presumption of OCGA § 34-9-17 (b) (3) is dependent upon the employee’s prior receipt of notice that a refusal to submit to a drug test may bar a recovery of benefits. Because such notice is neither statutorily nor constitutionally necessary in order for the rebuttable presumption to arise, we reverse the judgment of the Court of Appeals.

In establishing the rebuttable presumption, OCGA § 34-9-17 (b) (3) expressly refers only to the “manner” of performance of the scientific test as set forth in OCGA § 34-9-415. “Manner” means “ ‘(a) way, mode, method of doing anything, or mode of proceeding in any case or situation.’ [Cit.] This definition of‘manner’ as referring to an applicable procedure has been recognized in previous decisions of this Court. [Cit.]” Georgia Subsequent Injury Trust Fund v. Muscogee Iron Works, 265 Ga. 790, 791 (462 SE2d 367) (1995). Thus, as a matter of statutory construction, OCGA § 34-9-17 (b) (3) incorporates only the applicable drug testing procedures of OCGA § 34-9-415, and does not incorporate any of the additional substantive provisions of the Drug-Free Act. Applicability of the rebuttable presumption is, therefore, dependent entirely upon compliance with the procedural requirements for testing established by OCGA § 34-9-415, and not upon the employer’s compliance with the notice provisions of OCGA § 34-9-414.

Additional support for this interpretation of OCGA § 34-9-17 (b) (3) is found in the principle that an express mention of one provision of an act strongly implies the exclusion of the act’s other provisions. See Morton v. Bell, 264 Ga. 832, 833 (452 SE2d 103) (1995); City of Macon v. Walker, 204 Ga. 810 (2) (51 SE2d 633) (1949). Thus, the express incorporation of OCGA § 34-9-415 into OCGA § 34-9-17 (b) (3) strongly implies the exclusion of all other provisions of the Drug-Free Act, including the notice provisions of OCGA § 34-9-414. An employer’s failure to implement the provisions of the Drug-Free Act other than OCGA § 34-9-415 is not without consequence, but that consequence is merely the disqualification for an insurance premium discount. OCGA § 34-9-412. However, if the drug test fails to comply with procedures of OCGA § 34-9-415, the employer will not be entitled to rely upon the rebuttable presumption authorized by OCGA § 34-9-17 (b) (3). There is no contention in this case that the employer failed to comply with OCGA § 34-9-415.

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Georgia Self-Insurers Guaranty Trust Fund v. Thomas
501 S.E.2d 818 (Supreme Court of Georgia, 1998)

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Bluebook (online)
501 S.E.2d 818, 269 Ga. 560, 98 Fulton County D. Rep. 2379, 14 I.E.R. Cas. (BNA) 214, 1998 Ga. LEXIS 739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/georgia-self-insurers-guaranty-trust-fund-v-thomas-ga-1998.