Flowers v. Norman Oaks Construction Co.

I agree with the result in this case because I do not believe the Workers’ Compensation Commission could reasonably conclude that appellant was intoxicated at the time of his injury based on the proof before it. As the majority points out, there were no medical test results offered into evidence to establish the presence of alcohol in appellant’s system. Thus, the presumption created by Ark. Code Ann. § ll-9-102(5)(B)(iv)(b) (Repl. 1996) should not have been raised.

The majority believes Ark. Code Ann. § ll-9-102(5)(B)(iv) does not require medical testing to establish the presence of alcohol.…