Jacobi Journal of Insurance Investigation

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Intoxicated Worker’s Injury: In a significant ruling, a New York appellate court upheld a Workers’ Compensation Board decision granting benefits to an injured employee who was intoxicated at the time of his workplace accident. The court found that while intoxication contributed to the fall, it was not the sole cause, affirming the employee’s right to compensation under state law.

Intoxicated Worker’s Injury: Background of the Case

The worker, employed by an electrical contracting company, sustained serious injuries when he fell approximately eight feet from a ladder while retrieving items from an elevated shelf. A toxicology report revealed that the employee was severely intoxicated at the time of the accident. Despite this, the court determined other factors contributed to the fall, making the claim compensable.

Legal Framework and Presumption of Compensability

New York’s Workers’ Compensation Law presumes that injuries occurring during employment are compensable, except when intoxication is the sole cause of the accident. The burden of proof falls heavily on the employer and insurance carrier to demonstrate that intoxication alone caused the injury.

In this case, the employer and their insurer denied the claim, arguing that the worker’s intoxication was the sole cause of the accident. However, the Workers’ Compensation Board disagreed, ruling in favor of the employee.

Evidence Presented

The employee testified that on the day of the incident, he was working alone due to a busy schedule, a deviation from the standard practice of having one worker hold the ladder while another climbed. He explained that as he descended the ladder carrying a heavy object, the ladder shifted and collapsed, causing him to fall.

The employer’s general manager, relying on secondhand information, claimed the fall was due to the worker misplacing his foot. A medical toxicology expert confirmed that severe intoxication impairs balance and judgment, but acknowledged that factors such as a wobbly ladder, carrying heavy items, or working without assistance could independently increase the risk of falling.

Court’s Findings

The appellate court concluded that substantial evidence supported the Workers’ Compensation Board’s decision. It noted that several factors—including the absence of a colleague to steady the ladder, the inherent risks of working at height, and the lack of safety features—could have contributed to the accident.

While intoxication played a role, the court ruled that it was not the sole cause. Consequently, the presumption of compensability remained intact, and the carrier’s appeal was denied.

Implications for Employers and Workers

This decision reinforces the high burden employers face when denying workers’ compensation claims on the grounds of intoxication. It also highlights the importance of maintaining workplace safety protocols, including proper supervision and equipment use.

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Source: Supreme Court, Appellate Division (Third Judicial Department)

Read the original decision here.

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