Blood Test Result Sinks Injured Worker's Claim

The West Virginia Supreme Court upheld a denial of benefits to a worker because of his blood alcohol test result after he fell from a lift, despite the absence of any evidence that he was impaired. Justin Hart worked for Panhandle Cleaning & Restoration Inc. On Sept. 13, 2020, Hart arrived at Panhandle’s Wheeling office at 7 a.m. Approximately 20 minutes later, he traveled to the Mr. Bee potato chip factory in Parkersburg with a co-worker. Upon arriving at the job site, Hart spoke to two supervisors and took part in a group meeting. No one questioned Hart about being impaired or ...