Massachusetts Bonding & Insurance v. Industrial Commission

The only issue is whether Tate, the employee, was intoxicated and, if so, whether that intoxication was the cause of the accident so as to reduce by IS per cent whatever compensation Tate might be entitled to from the appellants. On the issue of intoxication, to reduce the amount of compensation, the employer has the burden of proving all facts necessary for such 15 per cent decrease. This burden is analogous to the rule which places the burden of proof on the employee when he seeks additional compensation of IS per cent because an accident is caused by a violation of the commission’s orders…