Medical testimony proves that, but for claimant’s intoxication, work injury would not have occurred.

The issue as framed by the Delaware Superior Court was whether there was substantial evidence to support the Board’s finding that the employer had met its burden of proving that the claimant was intoxicated, thus causing the work injury. The proximate cause standard applies in this situation to determine the cause of the claimant’s accident, which essentially requires the employer to meet two criteria: (1) showing that the claimant was intoxicated; and (2) showing that the intoxication was a but for cause of the work injury. The court determined that there was clearly substantial evidence to support the conclusion that the claimant was intoxicated based on the testimony of the employer’s medical expert, who the court reasoned was a qualified medical expert and whose detailed testimony clearly established that the claimant had been intoxicated.

The court further determined that there was likewise substantial evidence to show that the claimant’s intoxication was the proximate cause of the work injury. The defense medical expert testified as to the effects of cocaine and marijuana negatively impacting the claimant’s ability to perform physical activities. His opinion testimony that the claimant’s impairment from those drugs substantially contributed to the work injury was substantial evidence to support the Board’s finding that the work injury would not have occurred but for the claimant’s intoxication. Accordingly, the decision of the Board was affirmed.

_{Case Law Alerts, 3rd Quarter, July 2016}

_{Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent 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 © 2016 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}