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Worker's Intoxication Didn't Foreclose Widow's Claim for Death Benefits

By WorkCompCentral

Thursday, October 12, 2017 | 430 | 0 | 1 min read

The West Virginia Supreme Court ruled that a logger’s widow was entitled to benefits for his fatal accident even though he was intoxicated at the time of his death. Case: Fortner Logging v. Wykle, No. 17-0049, 10/10/2017, published. Facts: Randy D. Wykle worked as a heavy equipment operator for Fortner Logging. The 32-year-old died in June 2014 after a tree landed on him, crushing his chest and stomach. During his autopsy, the medical examiner found supratherapeutic concentrations of Hydrocodone, therapeutic concentrations of Alprazolam and Diazepam, and the presence of 7-am...

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