Bockey v. Johnson Constr.

The majority in the present case has erred in determining that plaintiff is not entitled to benefits under the Workers' Compensation Act because his injury was a proximate result of his being under the influence of cocaine. Although the majority was correct in noting the Commission's duty in upholding the State's public policy against the use of controlled substances in the workplace, the majority has failed to consider relevant case law regarding this matter.

The employer bears the burden of establishing that intoxication was a proximate cause of the injury. Sidney v. Raleigh Paving…