Aetna Casualty & Surety Co. v. Silas

This is an appeal by an insurer from an adverse judgment in a workers’ compensation case. The court of appeals affirmed the judgment of the trial court holding that the phrase, “in a state of intoxication” contained in Tex.Rev.Civ.Stat.Ann. art. 8309 § 1(3) means a condition resulting from the use of alcoholic liquor, and only alcoholic liquor. 631 S.W.2d 551, 553.

Aetna Casualty had asserted the defense of “intoxication” to prevent Silas’ recovery for a back injury received on the job. To prove intoxication, Aetna offered testimony from a witness who saw Silas smoking a hand-rolled cigarette…