The Claimant was required to submit to drug and alcohol testing. When he did so, the sample he provided measured at less than 90 degrees. As such, the sample was presumed to be altered or substituted. The Claimant was then given and declined the opportunity to rebut that presumption by having his body temperature measured orally. The Claimant submitted a second sample, under observation. The second sample was at a temperature in excess of 90 degrees. The second sample was submitted for laboratory testing. It was determined to be positive for amphetamines far in excess of the level required for a negative reading. Confirmatory testing indicated that the concentration was 97% for D-amphetamines, a drug of either pharmaceutical or illicit amphetamine. Upon discussion with the Carrier's Medical Review Officer, the Claimant alleged that he was taking Allegra-D. However, the record reflects that Allegra-D is a source of Lamphetanune, not D-amphetamine. Moreover, although D-amphetamines are present in pharmaceuticals, any such pharmaceutical is used to treat obesity, attention deficit disorder, and narcolepsy. The Claimant did not allege any such condition or treatment
All testing and chain of custody protocols were followed at the collection site and during the testing of the sample. Substantial details regarding the laboratory's qualifications and testing protocols were submitted to the Claimant as requested Finally, although it is true that some prescription drugs like Allegra-D can yield positive results for amphetamines, neither Allegra-D nor any other legitimate drug that the Claimant claimed to be taking can yield a positive result for D-amphetamine.
This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.