Inscoe v. DeRose Industries, Inc.

COPELAND, Justice.

At the time of the collision, G.S. 97-12 provided in relevant part as follows:

“No compensation shall be payable if the injury or death was occasioned by the intoxication of the employee. . . . The burden of proof shall be upon him who claims an exception or forfeiture under this section.” (Emphasis supplied.)

This statute was amended by the 1975 General Assembly to read as follows:

“No compensation shall be payable if the injury or death to the employee was proximately caused by .. . [h]is intoxication. . . . The burden of proof shall be on him who claims an exemption or…