Bullington v. Aetna Casualty & Surety Co.

Hall, Presiding Judge.

Claimant contends that under the factual findings made by the board, the statutory defense of wilful misconduct (Code §114-105) on which the board based its conclusions, could not apply. In other words, having found that the employee’s injury aggravated a pre-existing but only moderate drinking problem and contributed to his death, it could not consistently find the advanced alcoholism to be voluntary or wilful misconduct on his part. Claimant discusses the modern medical view that alcoholism is a disease and invites an analogy to other aggravation of pre-existing…