Flowers v. Norman Oaks Construction Co.

Olly Neal, Judge.

James Flowers appeals the Workers’ Compensation Commission’s determination that his work-related injury was substantially occasioned by the use of alcohol and was not compensable. He contends that the Commission erred in finding that he was intoxicated at the time of his injury and in its application of Ark. Code Ann. § ll-9-102(5)(B)(iv) (Repl. 1996). We agree, and reverse and remand this matter to the Commission.

On December 6, 1997, appellant was employed as a framer-carpenter by appellee Norman Oaks Construction, Inc., when he fell approximately twenty feet to the ground…