Bloodworth v. Continental Insurance Company

Smith, Judge.

We reverse the judgment of the trial court affirming the denial of appellant’s claim by the State Board of Workers’ Compensation.

1. Code § 114-105 provides: "No compensation shall be allowed for an injury . . . due to the employee’s wilful misconduct ... or due to intoxication ...” Under this section, the fact of wilful misconduct or intoxication alone will not suffice to bar recovery by the employee. "Wilful misconduct or intoxication of an employee which would bar a recovery for injuries sustained by him must be such wilful misconduct or intoxication as proximately caused the…