Allison v. Brown & Horsch Insulation Co.

One of the principal issues in these cases is whether drinking by the plaintiffs constitutes a bar to compensation under the intoxication provision of the Workmen’s Compensation Law. The governing provisions (Laws 1947, c. 266, s. 13) are as follows: “Employee’s fault. The employer shall not be liable for any injury to a workman which is caused in whole or in part by the intoxication, or serious and wilful misconduct of the workman. The provisions as to intoxication shall not apply, however, if the employer knew that the employee was intoxicated.”

The plain wording of section 13 makes…