Cyr v. McDERMOTT'S, INC.

Reiber, C.J.,

¶ 21. dissenting. This case is an example of the adage: “Exceptional cases must not be permitted to beget bad law.” Downer v. Battles, 103 Vt. 201, 204, 152 A. 805, 806 (1931). Although I am sympathetic to claimant’s position, I cannot agree with the majority’s decision, which discards the language of the statute to avoid exclusion of claimant’s injury. The plain statutory language of 21 V.S.A. § 649 directs that an employee may not recover workers’ compensation benefits when his injury was caused “by or during his or her intoxication.” The majority’s interpretation focuses on…