Prock v. Bull Shoals Landing

I respectfully dissent from the majority opinion with regard to the application of Arkansas Code Annotated section 11-9-102(4)(B)(iv). As noted in the majority opinion, excluded from the definition of “compensable injury” is an injury where the accident was “substantially occasioned” by the use of alcohol, illegal drugs, or prescription drugs used in contravention of physician’s orders. Ark.Code Ann. § 11— 9 — 102(4) (B) (iv) (a). The presence of an illegal drug creates a rebuttable presumption that the injury or accident was substantially occasioned by the use of the drug, see Ark.Code Ann.…