A Wisconsin man wins in court his entitlement to collect workers’ compensation benefits despite being intoxicated at the time of the accident.
The Wisconsin Supreme Court in a 4-3 vote May 15 upheld an earlier ruling of the Wisconsin Industry Review Commission. The decision doesn’t leave William Larsen in the cold. He was awarded his benefits, though reduced by 15 percent because of his intoxication.
Larson was on a business trip at the time of the accident. When he reached his destination, he stopped into the local tavern and put down four to five mixed drinks. The alcohol didn’t sit well with the Dexitrims he had taken earlier. He left the tavern and arrived at the mobile home he was to stay at. He recalled having trouble opening the front door, so he broke a plastic window and opened the door from the inside. He then passed out and woke up the next morning on the floor of his trailer with the door wide open.
The exposure to temperatures near 25 below zero caused Larson to suffer severe frostbite that led to the amputation of the fingers and thumb of both hands.
adjustercom.com spoke to a California adjuster who said that it is difficult to deny a claim when it looks like alcohol might be involved when an employee is injured on a business trip. There are too many gray areas and it’s tough to prove that alcohol caused the accident. More than likely, a claim like Larson’s wouldn’t be denied in California either, he said.
Adjuster / Examiner Claims Examiner Santa Ana Unified School District Santa Ana, CA
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