Aetna Casualty & Surety Co. v. Silas

KEITH, Justice.

In this workers’ compensation case, the insurer appeals from an adverse judgment, based upon a jury verdict, which awarded the injured workman compensation for total and permanent disability payable in a lump sum as well as certain medical expenses he had incurred.

Appellant presents but a single question for our determination: Is a worker precluded from recovery of workers’ compensation benefits for injuries received while he was in a state of intoxication from the use of marihuana?

Tex.Rev.Civ.Stat.Ann. Art. 8309, Sec. 1 (1967), reads:

“The term ‘injury sustained in the course…