Flowers v. Norman Oaks Construction Co.

Robert L. Brown, Justice.

The appellant, James Flowers, stice. carpenter. While framing a house and attempting to extend scaffolding at the site, he lost his balance and fell more than twenty feet. Fie landed on his back which caused a fracture to his spine. The Administrative Law Judge found that there was sufficient evidence to show the presence of alcohol and to raise the rebuttable presumption that the injury was substantially occasioned by the presence of alcohol. The ALJ further found that Flowers had failed to rebut this presumption due to failure of proof and lack of credibility. The…