Even though injury sustained during course of employment, petition denied because of claimant’s intoxication

The claimant alleged that he sustained a work injury when he fell while working for the employer as a steel worker. The parties stipulated that the claimant did in fact fall from a roof during the course of his employment, sustaining injuries to his right shoulder, right hip and ribs. However, the employer defended on the basis that the claimant’s injuries were the result of his intoxication and/or his willful failure or refusal to use a reasonable safety appliance and, therefore, any compensation should be forfeited. Medical evidence supported the finding that the claimant was intoxicated at the time of his accident. The Board found that the claimant forfeited his right to receive compensation for the work injury since it was the result of his own intoxication.

_{Case Law Alerts, 3rd Quarter, July 2015}

_{Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2015 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}