Workers' compensation, post-accident testing, evidence, policy and procedure.

Dudley Latham and his employer appeal a lower court's ruling in Latham effort to secure workers' compensation benefits. Latham reported for work at a project that involved repainting a bridge. The start of the project was delayed due to climatic conditions. Latham left the work site to drive home. En route he was involved in a one-car accident. A post-accident drug test revealed the presence of marijuana. A co-worker later testified he witnessed Latham smoke marijuana and take other drugs before driving home. Latham applied for workers' compensation benefits. The company contested his claim, arguing the accident resulted from Latham's misconduct and was not related to his work.

A Jefferson County Circuit Court rejected Latham's claim for benefits. The court ruled that Latham was involved in work-related travel, but that his misconduct contributed to the accident. Both parties now appeal.

Latham loses. The Alabama Court of Civil Appeals affirmed the ruling of the circuit court.