U.S. Comex Corp. v. Sullivan

LOTTINGER, Judge.

This appeal arises from a denial of worker’s compensation benefits based on the employer’s defense that the employee was intoxicated at the time of the accident and that his intoxication caused the accident.

FACTS

Gerald Sullivan received severe and permanent injuries on May 9, 1985, when the 18-wheel tractor trailer truck he was driving for his émployer, U.S. Comex Corporation, ran off the road, La. Highway 441, and struck a tree. The accident occurred at about 6:45 p.m.; he had just left his home, about a mile and a quarter away.

A blood sample was taken from defendant at…