Campbell v. City of Booneville

OPINION OF THE COURT

Although the claimant was injured in an accident while driving his police cruiser, pursuing a suspect, an Administrative Law *604Judge (ALJ) determined that his voluntary intoxication was “the proximate cause” of the accident and, therefore, that KRS 342.610(3) barred a recovery. Majorities of the Workers’ Compensation Board (Board) and the Court of Appeals affirmed, but the claimant continues to maintain that because the ALJ failed to determine that the accident was proximately caused primarily by voluntary intoxication, the decision was erroneous as a matter of law. We…