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CHARLENE REINSTEIN mother of ERIN N. ZOLBER and DANIELLE L. ZOLBER minor children of Lawrence Zolber deceased Claimants-Appellants
vs.
McGREGOR LAND AND LIVESTOCK CO. employer and STATE INSURANCE FUND Surety Defendants-Respondents.
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Issues:
Workers' compensation, alcohol, post-accident testing.
Case Summary:
The children of Lawrence Zolber appeal a state review board's decision that denies their application for survivor's benefits under the state's workers' compensation program. Zolber was killed when his company-owned vehicle was involved in a one-car accident. Zolber had been on a work-related errand and had been drinking with business associates. A post-accident test indicated Zolber's blood alcohol content was about .30 percent at the time of the accident.
Decision of lower jurisdiction:
The state's Industrial Commission ruled that Zolber's deviated from his work-related activities during the course of the day. The commission noted that Zolber's drinking was the proximate cause of the accident.
Outcome:
Zolber's family loses. The Idaho Supreme Court affirmed the Industrial Commission's decision to deny benefits