Evans v. Frakes Trucking

Beier, J.:

Respondent Frakes Trucking (Frakes) and its insurance carrier, Kansas Risk Services Group, appeal an award to the children of deceased claimant Richard Evans. They argue the Workers Compensation Board (Board) incorrectly defined the probable cause necessary for admission of a blood alcohol test result and, under that definition, arrived at the wrong conclusion on the merits of their alcohol impairment defense.

Evans was killed in a dump truck rollover accident while working for Frakes. On the morning of the accident, Evans arrived late for work. When he arrived, he apologized for his…