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CALVIN JOHNSON Plaintiff-Employee
vs.
CHARLES KECK LOGGING Defendant-Employer. and SELF-INSURED NORTH CAROLINA FORESTRY ASSOCIATION Defendant-Insurance Carrier.
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Issues:
Workers' compensation, alcohol testing, evidence, policy and procedure, post-accident testing.
Case Summary:
Calvin Johnson appeals a state board's decision that denied him workers' compensation benefits. Johnson, an employee of the Charles Keck Logging company, was injured while trimming a downed tree. A post-accident blood test was performed on Johnson at a nearby medical center. The test indicated that Johnson was intoxicated at the time of the accident, and he admitted to drinking wine throughout the previous day. Johnson applied for workers' compensation benefits. His employer contested his claim. A benefits review officer ruled that Johnson was alcohol-impaired at the time of the accident and rejected Johnson's claim. Johnson appealed.
Decision of lower jurisdiction:
The North Carolina Industrial Commission affirmed the ruling of the benefits review officer. The commission ruled that Johnson's consumption of alcohol contributed to the accident. Johnson now appeals.
Outcome:
Johnson wins. The North Carolina Court of Appeals reversed the decision of the lower jurisdiction. The appeals court ruled that the alcohol blood test performed at the medical center was not reliable. The appeals court remanded the case to the industrial commission for additional action.