Overall v. Southern Subaru Star, Inc.

OPINION

HENRY, Justice.

This is a workmen’s compensation case in which two issues are presented for our determination: (1) whether the trial court erred in admitting into evidence the results of a blood alcohol test which showed the deceased’s blood to contain 0.172 per cent alcohol, and (2) whether there is material evidence to support the trial court’s finding *2that the decedent’s death was proximately caused by his intoxication?

I

The deceased, Jerome Overall, was employed by appellee Southern Subaru Star, Inc. as a maintenance representative. In the course of his employment he regularly…