Too drunk to win the case
A recent interesting case was decided at the Illinois Workers' Compensation Commission (we had no involvement in it).
According to reports, an iron-worker was working with his crew back in 1999 (I have no idea why this case took so long to get to trial) and because of the weather they had to stop working just before lunch. The crew went to a bar and drank for about four hours. The injured worker couldn't remember how many drinks he had, but admitted to several beers and a shot.
After drinking they went back to the job site and fell from a roof. His blood alcohol level was said to be .248. Despite all that the Arbitrator found in his favor even though the law states that being drunk usually kills the case.
The employer appealed and the Commission reversed the Arbitrator. They said that under Illinois law if an intoxication is so significant that an injury will not arise out of your employment. The Commission felt that the evidence showed that the fall was caused solely by him being so drunk. He admitted to no memory of activities after leaving the tavern. His alcohol level was three times the legal limit. Medical tests ruled out head trauma as the cause of the memory problem.
On top of all of that, one of the petitioner's co-workers left the tavern and went home which indicated that he could have done that too.
We weren't there, but it certainly sounds like this guy deserved to lose his case.
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