The Alaska Supreme Court unanimously upheld an award of benefits to a worker for his injuries from a fall despite his admission of using cocaine and drinking on the job and testing positive for drugs and alcohol after the accident.
The high court said intoxication is an affirmative defense and requires the payer to prove an accident was proximately caused by intoxication. The court said in this case, there was no proof that the worker's drug use was related to his falling from a ladder after supports gave way.
Virgil Adams fell about 30 feet while attempting a roof repair on Michael...
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