Poole v. Earp Meat Co.

The opinion of the court was delivered by

Herd, J.:

This is a workers’ compensation case. Susan Poole, surviving wife of Gary Poole, on behalf of herself and their three minor children, appeals the district court’s finding that benefits must be denied pursuant to K.S.A. 1987 Supp. 44-501(d) because death was substantially caused by Poole’s intoxication.

The relevant facts are as follows: Gary Poole was a six foot-one-inch, 180-pound, 29 year-old truck driver who was killed when his semi-truck overturned early one morning as he was returning home. Poole worked for the Earp Meat Company loading…