Hoy v. Gilbert

h MARVIN, Chief Judge.

This appeal was referred to a five-judge re-argument panel under LSA-Constn. Art. 5, § 8(B), when one judge of the three-judge panel dissented to a reversal of the WCO’s rejection of the claimant’s demands in a worker’s compensation action.

On re-argument, and accepting the WCO’s assigning no credibility to claimant, we find that the probably inebriated claimant was a passenger in the truck of his supervisor who had begun driving on a mission for the employer before the temporarily disabling accident occurred. In such circumstances, the accident arose out of the…