Kenneth Colbert v. ARB, Inc, and National Medical Review Office
Published: Aug. 7, 1999 | Result Date: May 20, 1999 | Filing Date: Jan. 1, 1900 |Case number: 794612 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
David N. Shaver
(Bunt & Shaver LLP)
Experts
Plaintiff
Robert H. Wallace
(technical)
Richard G. Whalley
(technical)
Defendant
Vina R. Spiehler Ph.D., DABFT
(technical)
Facts
The plaintiff, Kenneth Colbert was a welder/foreman employed by ARB from March 2, 1993 to May 21, 1997. On April 30, 1997, Colbert was involved in a work related automobile accident. Pursuant to ARB's drug testing policy, Colbert was required to participate in a post accident drug test. The results of the test were positive for methamphetamine and amphetamines. Colbert was interviewed by co-defendant, National Medical Review Offices' Medical Review Officer on May 9, 1997. At that time, Colbert denied illicit use of the drugs and reported use of prescription diet pills Phen-Fen and a Vicks inhaler. The Medical Review Officer advised that the diet pill named by Colbert would not have caused a positive test for the drugs reported on his drug test. Further testing was performed on the urine sample regarding the Vicks' inhalant. Tests ruled out the Vicks' inhaler as a possible cause for the positive test. Finding no legitimate medical explanation for the positive urine test, the Medical Review Officer verified the test as positive on May 20, 1997. Colbert was terminated on May 21, for failing to comply with company policy. Colbert is a member of the union known as the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers.
Settlement Discussions
The plaintiff demanded $150,000. Defendant ARB offered $2,500 and defendant NMRO offered $2,500.
Specials in Evidence
$34,063 $202,000.14
Other Information
THIS RESPOND ASAP, THIS IS FOR AUG. 6 SPECIAL ISSUE. THANK YOU.
Deliberation
two hours
Poll
10-2
Length
five days
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