View Summary
Gertrude Anne L. BANKS Appellant
vs.
DEPARTMENT OF EDUCATION BUREAU OF REHABILITATION et al. Appellees
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Issues:
Alcohol, workers' compensation
Case Summary:
The wife of a state employee appeals the decision of a state board that denies her workers' compensation after her husband was killed in a car accident. Elder Banks, an employee with the Kentucky Department of Education, was driving a passenger to a state hospital in his personal vehicle when the fatal crash occurred. The state review board denied his wife's claim for compensation, ruling that Banks was intoxicated at the time of the accident and was not performing a work-related task.
Decision of lower jurisdiction:
The Clark County Circuit Court affirmed the board's decision that intoxication contributed to Banks' death. Banks' wife now appeals.
Outcome:
Mrs. Banks loses. The Court of Appeals of Kentucky affirmed the decision of the lower court.