Lopez v. Kaiser Steel Corp.

Plaintiff brings this writ of review from a decision of the Industrial Commission.

Plaintiff was employed by defendant Kaiser Steel at a coal mine in Carbon County. On the morning of March 14, 1979, he was involved in an industrial accident which caused severe injuries to his legs and right foot.1 About an hour after the accident, while at the hospital, a blood-alcohol analysis was conducted and plaintiff was found to have a blood-alcohol content of .312%.

Plaintiff applied for workmen’s compensation benefits and a hearing was held. Kaiser Steel contended that the benefits should be reduced by…