Mission Insurance v. Ware

Birdsong, Judge.

Appellant, insurance carrier for the employer of the deceased employee in this workmen’s compensation claim, appeals the affirmance by the superior court of an award in favor of the employee by the State Board of Workmen’s Compensation (board), which, in a split decision, reversed the denial of the employee’s claim by the administrative law judge. The issues presented are: (1) whether the board erred in excluding from the evidence the results of a blood test showing a .20 blood-alcohol level, and (2) whether the evidence supports the board’s finding that deceased’s death was…