Thomas v. Bircheat, No. 1D08-4503 (Fla. 1st Dist. Ct. App. 08/06/09).
The Florida District Court of Appeal affirmed an order denying benefits based on a finding that the carpenter's injury was caused primarily by his intoxication.
it means: The testimony of a coworker and supervisor that the carpenter smelled of alcohol, could not walk, and appeared severely impaired by alcohol or drugs on the morning of his work accident constitutes competent, substantial evidence that the carpenter's work injury was primarily caused by his intoxication.
Summary: A carpenter filed a petition for benefits for injuries sustained when he fell on a pile of lumber. Earlier in the day, a coworker and supervisor testified that he appeared severely impaired and could not complete simple tasks. The coworker testified the carpenter was "messed up" and could not walk normally. After learning about the carpenter's condition, the employer instructed the carpenter's supervisor to discharge him and to tell him to wait at the work site for transportation home. However, the carpenter attempted to continue working, which led to his accident. The Florida District Court determined that the evidence supported the conclusion that the carpenter's injury was "primarily occasioned" by his intoxication, and denied him benefits.
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September 14, 2009
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