Estate of Mitchum v. Triple S Trucking

OPINION

DONNELLY, Judge.

Worker’s estate appeals from a judgment and order dismissing his claim for workers’ compensation benefits based upon a finding by the workers’ compensation judge (WCJ) that the accidental injury sustained by worker was caused by his intoxication. We discuss: (1) whether employer was required to establish its affirmative defense of intoxication by the testimony of a qualified health care provider; (2) whether the WCJ’s findings that intoxication was the proximate cause of worker’s injury are supported by substantial evidence in the record as a whole; and (3) whether the…