Wood v. West Tree Service

I would reverse and remand this case for an award of benefits in line with the ALJ’s opinion in this case. As in Clark v. Sbarro, 68 Ark. App. 350, 8 S.W.3d 36 (1999), the circumstances surrounding Mr. Wood’s unfortunate accident and death are sufficient to rebut the presumption that his death was substantially occasioned by the use of marijuana.

Once again, the Commission has played fast and loose with the evidence before it in reaching its decision to deny benefits to Mr. Wood’s family. The record reflects that Mr. Wood and his crew were engaged in removing debris and tree limbs from a…