Ivey v. Jerry P. Puckett Construction Co.

Code § 65.1-38 of the Virginia Workers’ Compensation Act deals with willful misconduct and provides that no compensation shall be allowed for injury or death “[d]ue to intoxication.” The statute further provides that the burden of proof shall be upon the party claiming an exemption under this section.

The sole issue in this appeal is whether the employer established by a preponderance of the evidence a defense of willful misconduct by intoxication, and, if so, whether such intoxication was the proximate cause of the claimant’s industrial accident.

On January 20, 1984, appellant Paul D. Ivey,…