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LARRY P. INSCOE
vs.
DeROSE INDUSTRIES INC. and CONTINENTAL CASUALTY CO.


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Issues:
Workers' compensation, alcohol testing, post-accident testing.
 
Case Summary:
DeRose Industries appeals a lower court's decision to provide workers' compensation benefits to an employee who was involved in an alcohol-related accident in a company-owned vehicle. Larry Inscoe was left paralyzed from the waist down following a two-car collision. Inscoe was driving a company vehicle at the time of the accident. Inscoe and the driver of the second vehicle were charged with driving under the influence of alcohol, after post-accident tests indicated both drivers were legally intoxicated. Inscoe filed a claim for workers' compensation, arguing that he was driving to a job site when the collision occurred. The state's industrial commission awarded benefits to Inscoe. The company appealed the commission's decision.
 
Decision of lower jurisdiction:
A North Carolina Court of Appeals affirmed the finding the of the state's industrial commission. The court ruled that the company failed to provide sufficient evidence to support its argument that Inscoe's intoxication contributed to the accident. The company now appeals.
 
Outcome:
The company loses. The North Carolina Supreme Court affirmed the ruling of the lower jurisdiction. The court ruled that there was insufficient evidence to conclude that Inscoe's intoxication caused the accident and his resulting injuries. The court ruled there was sufficient evidence to support Inscoe's claim that he was on company-related business when the accident occurred.