Defenses: Intoxication
| Van Vleet v. Montana Assoc. of Counties Workers' Comp. Trust [2/19/04] 2004 MTWCC 8 Where an employer was aware of and did not attempt to stop alcohol use by an employee, intoxication does not bar a claim for compensation so long as the employee was otherwise in the course and scope of employment. Reversed on other grounds in Van Vleet v. Montana Association of Counties Workers' Compensation Trust, 2004 MT 367 (No. 04-206) |
| Van Vleet v. Montana Assoc. of Counties Workers' Comp. Trust [2/19/04] 2004 MTWCC 8 Where a substantial cause of the claimant's injury or death is alcohol intoxication, a claim for benefits is barred by section 39-71-407(4), MCA (1999), unless the employer was aware that the claimant was using alcohol or drugs and failed to attempt to stop the use. Reversed on other grounds in Van Vleet v. Montana Association of Counties Workers' Compensation Trust, 2004 MT 367 (No. 04-206) |
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Thoreson v. Uninsured Employers' Fund [6/28/00] 2000 MTWCC 40
Based on claimant's smoking the equivalent of three marijuana joints
within a couple of hours of going on a roof to work, and his bizarre,
reckless conduct of walking along the very edge of the roof like a tightrope
walker, claimant was in fact intoxicated and the intoxication was a
leading cause of his accident and injury within 39-71-407, MCA (1995).
However, employer did have knowledge of claimant's drug use and failed
to attempt to stop same, making claimant entitled to benefits. Affirmed
in nonciteable decision 2002 MT
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