Inscoe v. DeRose Industries, Inc.

MORRIS, Judge.

Defendants contend that the Full Commission, by ostensibly requiring denial of compensation only in those instances where a claimant’s intoxication was the sole proximate cause of the accident and resulting injuries, erred in concluding that the plaintiff’s accident and injury were not occasioned by his intoxication. Specifically, defendants, arguing that the Full Commission misinterpreted the applicable law, cite the intoxication forfeiture of compensation provision under former G.S. 97-12 and maintained that the “ . . . clear language of the statute indicates that a plaintiff…