American Safety Razor Co. v. Hunter
Court of Appeals of Virginia
1Opinion of the Court
Opinion
BENTON, J.
This appeal presents several issues with respect to intoxication of a claimant as a defense to a workers’ compensation claim. We agree with the Industrial Commission that the employer, American Safety Razor Company, did not meet its burden of proving injury due to intoxication as provided by Code § 65.1-38, and for this reason, we affirm.
On the night before the accident the claimant, Emmett P. Hunter, was drinking whiskey until approximately 4:30 a.m. He also drank three cans of beer at some time before his shift began. Hunter admitted before the deputy commissioner that he…
2Cases cited8 opinions
- Crisp v. Brown's Tysons Corner Dodge, Inc.Court of Appeals of Virginia · 1986
- Conner v. BraggSupreme Court of Virginia · 1962
- Graybeal v. Bd. of Sup'rs of Montgomery Cty.Supreme Court of Virginia · 1975
- Uninsured Employer's Fund v. KeppelCourt of Appeals of Virginia · 1985
- Virginia Electric and Power Co. v. KremposkySupreme Court of Virginia · 1984
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3Cited by6 opinions
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- Cadmus Magazines & Royal Ins.Co.v Anthony WilliamsCourt of Appeals of Virginia · 1999
- Wyle v. Professional Services Industries, Inc.Court of Appeals of Virginia · 1991
- Vaughan's Landscaping & Maintenance v. DodsonSupreme Court of Virginia · 2001
- Vaughan's Landscaping & Maintenance v. DodsonCourt of Appeals of Virginia · 1999
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