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KENDRIX v. HOLLINGSWORTH CONCRETE PRODUCTS, INC.

No. S01A0913.

553 S.E.2d 270 (2001)

274 Ga. 210

KENDRIX v. HOLLINGSWORTH CONCRETE PRODUCTS, INC., et al.

Supreme Court of Georgia.

September 17, 2001.

Attorney(s) appearing for the Case

Smith, Wallis & Scott, Christopher B. Scott, Kenneth A. Smith, Carrollton, for appellant.

Carlock, Copeland, Semler & Stair, Christopher A. Whitlock, Atlanta, for appellee.

FLETCHER, Chief Justice.

Donald Kendrix sought workers' compensation benefits following an accident that occurred while he was working for Hollingsworth Concrete Products, Inc. The Administrative Law Judge denied the claim because Kendrix tested positive for marijuana and cocaine after the accident and failed to rebut the presumption found in OCGA § 34-9-17(b)(2) that the accident was caused by the illegal use of controlled substances. The appellate division...

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