Deckard v. Bloomington Crushed Stone Co.

BAKER, Judge.

Today we are asked to determine whether an intoxicated worker who is unaware of his intoxication and is injured in the scope of his employment as a result of his intoxication may collect worker’s compensation benefits. We hold the plain language of IND.CODE 22-3-2-8 prohibits the intoxicated worker from collecting the benefits.

FACTS AND PROCEDURAL HISTORY

This case arose when plaintiff-appellant Marvin Dean Deckard was severely injured while working in the scope of his employment for defendant-appellee Bloomington Crushed Stone. Deckard, a long-time employee of Bloomington Crushed…