he injured worker testified that the property owner had distributed the drugs, and that The injured worker testified that the property owner had distributed drugs and that "beer [was] readily available on site." The paramedic who treated Adams at the scene of the accident confirmed Adams had admitted to drinking alcohol before work that day, but testified that Adams had exhibited none of the typical signs of intoxication. (Credit: Bigstock)
The Alaska Supreme Court unanimously affirmed a workers' compensation verdict for a man who, though he admitted to being intoxicated shortly before the incident, had a compensable injury because it would have happened whether or not he was intoxicated. 

Virgil Adams fell 30 feet when the supports beneath the ladder he was standing on collapsed; the fall left him totally and permanently disabled. Hospital tests revealed, and Adams freely admitted, that he had both cocaine and alcohol in his system at the time of the accident. Adams also admitted that he had not examined the cribbing before climbing up the ladder. There was no workers' compensation policy in place, so Adams filed a claim with the Workers Compensation Fund, which denied his claim based on the presence of the drugs. 

Want to continue reading?
Become a Free PropertyCasualty360 Digital Reader

  • All PropertyCasualty360.com news coverage, best practices, and in-depth analysis.
  • Educational webcasts, resources from industry leaders, and informative newsletters.
  • Other award-winning websites including BenefitsPRO.com and ThinkAdvisor.com.
NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Litigation
Workers' Comp