Law Offices of Timothy Grabe Articles Appeals Judge Rules that Intoxicated Dock Worker Won’t Get Workers’ Compensation

Appeals Judge Rules that Intoxicated Dock Worker Won’t Get Workers’ Compensation

By Law Offices of Timothy Grabe  Aug. 7, 2013 11:30a

An appeals judge gave a final ruling recently on a case stemming from an on the job incident in 2006. A Portland longshoreman, G.S., filed a workers' compensation claim after falling over a railing while urinating off a dock. Court records state that G.S. was working that day placing and removing cones and directing traffic. He reportedly had copious amounts of alcohol before work and throughout the day. He was found to have a blood alcohol concentration of 0.25 percent after consuming beer and liquor. He was said to have had two beers before appearing for work at 8:00 a.m., three beers before lunch and at least four more beers plus half a pint of whiskey before 4:30 p.m. At that time, his shift was over and he went to relieve himself. He went over to the nearby dock railing to urinate and fell over it onto a concrete ledge several feet below. He suffered a laceration to the temple and was treated at a local hospital where a blood sample was drawn.

At the first administrative hearing concerning his workers' compensation claim G.S. said that he had tripped over a cone. The judge initially ruled in favor of the worker but the testimony began to show inconsistencies as the case went back and forth between the Benefits Review Board and the administrative law judge. The judge then repealed his ruling and did not award benefits to G.S. The case then went to U.S. District Court where he was again ruled against. The case was reviewed by the 9th U.S. Circuit Court of Appeals where the petition to repeal was denied. The appeals judge reviewing the case stated in his opinion that the fall was a direct result of his intoxication and therefore he was not subject to any compensation. Do you have questions about an injury you suffered while at a construction site or a case involving premises liability? Talk to a personal injury lawyer as soon as possible.

Understanding a Valid Workers' Compensation Claim

On the job injury cases can be complex and may involve liabilities involving a third party. While your employer may not be directly responsible for your injuries, the liability may lie with the manufacturer of a defective piece of machinery instead. Contact a highly competent personal injury attorney at the Law Offices of Timothy Grabe to discuss your case and what your rights are concerning a workplace injury accident.

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