Foos v. Terminix & Zurich America Insurance

The opinion of the court was delivered by

Luckert, J.:

This is a workers compensation case, applying K.S.A. 1999 Supp. 44-501. The Court of Appeals affirmed the Workers Compensation Board’s (Board) determination that Dennis Foos sustained personal injury by accident arising out of and in the course of his employment. However, the Court of Appeals reversed the Board’s award of benefits for Dennis Foos, applying the “intoxication exception” to providing benefits under the Workers Compensation Act, 44-501(d) (2). The Court of Appeals found that the Board erred in determining that the results of a…