Legal Opinion

Waldrip v. Graco Corp.

Court of Appeals of Arkansas

Decided January 9, 2008No. CA 07-345PublishedCited by 6 opinions

1Opinion of the Court

Josephine Linker Hart, Judge.

Appellant, the employee-

claimant, appeals from the decision of the Arkansas Workers’ Compensation Commission finding that he failed to meet his burden of proving by a preponderance of the evidence that marijuana did not substantially occasion his injury. He contends that the Commission’s decision was not supported by substantial evidence. We affirm the Commission’s decision.

A compensable injury does not include an “[ijnjury where the accident was substantially occasioned by” the use of illegal drugs. Ark. Code Ann. § ll-9-102(4)(B)(iv)(hJ (Supp. 2007). Further,…

2Cases cited4 opinions

  1. ERC Contractor Yard & Sales v. RobertsonSupreme Court of Arkansas · 1998
  2. Woodall v. Hunnicutt ConstructionSupreme Court of Arkansas · 2000
  3. Flowers v. Norman Oaks Construction Co.Supreme Court of Arkansas · 2000
  4. Wood v. West Tree ServiceCourt of Appeals of Arkansas · 2000

3Cited by6 opinions

  1. Telling Industries v. PettyCourt of Appeals of Arkansas · 2010
  2. Edmisten v. Bull Shoals LandingCourt of Appeals of Arkansas · 2012
  3. Townley v. Georgia Pacific Corp.Court of Appeals of Arkansas · 2012
  4. Jackson v. Smith Blair, Inc.Court of Appeals of Arkansas · 2010
  5. Prock v. Bull Shoals LandingCourt of Appeals of Arkansas · 2012

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