Intoxication Insufficient to Deny Workers’ Comp Claim: NY Court

A New York appeals court upheld a decision by the Workers’ Compensation Board that an employee’s injury was compensable, despite being severely intoxicated at the time.

The decision in Jose Lujan-Espinzo vs. Electrical Illuminations by Arnold Inc. places a high burden on New York employers to prove intoxication as the “sole cause” of an accident to deny a workers’ compensation claim, the court noted.

The workplace accident occurred when an employee, who was working alone at the time, fell approximately eight feet from a ladder to the floor while bringing items down from a shelf. The employee sustained serious injuries from the fall.

A toxicology screening performed at the hospital following the incident revealed that the employee was severely intoxicated by alcohol when the accident happened. Blood tests showed the employee had a very high blood alcohol level at the time.

In response, the employer disputed the workers’ compensation claim that was filed. The company asserted that the accident was caused solely by the employee’s intoxication. The employer argued that since alcohol was the only factor, the employer should not be liable for providing workers’ compensation benefits for the injuries the employee suffered from the fall.

The Workers’ Compensation Board’s Ruling

The Workers’ Compensation Board found that intoxication was not the sole cause of the accident, noting several other potential contributing factors.

“As found by the Board, although intoxication may have contributed to the accident, the record reflects that claimant’s ‘fall can also be attributed to the absence of another employee holding the ladder, a simple misjudgment of footing, the lack of a safety railing on an elevated surface or the inherent risk of working at height,'” the appellate court’s decision stated.

Although the Board acknowledged that intoxication may have contributed to the incident, the employer did not meet the “heavy burden” to prove it was the only cause. This high standard is necessary to overcome the presumption of compensability for injuries arising out of and in the course of employment, according to the court.

During the proceedings, expert witness Dr. Michael Holland provided testimony about the negative cognitive and physical impairments resulting from the claimant’s high blood alcohol level. However, he also “acknowledged, however, that an unsteady ladder or carrying something down a ladder increases the risk of and could contribute to falling, irrespective of alcohol impairment.”

The Board’s decision in this case has important implications for workers’ compensation law in New York. It establishes that intoxication being a contributing factor does not automatically bar compensability of a claim. Even if a worker has some level of intoxication at the time of an accident, they may still be eligible for workers’ compensation benefits if other factors also contributed to causing the injury.

View the court’s decision here. &