ERC Contractor Yard & Sales v. Robertson

Annabelle Clinton Imber, Justice.

This case is before us on review from the Arkansas Court of Appeals. The Court of Appeals agreed with appellants ERC Contractor Yard & Sales and Liberty Mutual Insurance (hereinafter referred to as ERC) that there was a presence of alcohol, however small, in appellee Lonnie Robertson’s blood. However, the Court of Appeals concluded that substantial evidence existed to support the finding by the Workers’ Compensation Commission that Mr. Robertson’s injury was not substantially occasioned by the use of alcohol. ERC Contr. Yard & Sales v. Robertson, 60 Ark. App.…