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DUANE DRISCOLL, Claimant and Appellant
vs.
.v. GREAT PLAINS MARKETING COMPANY and LINCOLN LUMBER INC. Employer and appellee and FARMERS ALLIANCE MUTUAL INSURANCE CO. Insurer and Appellee
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Issues:
Workers' compensation, post accident testing, alcohol testing.
Case Summary:
Duane Driscoll appeals a decision that denies him worker's compensation benefits for injuries he claims were work related. Driscoll contends weather and road conditions caused an accident he was involved in after visiting with a business associate at a bar. A post-accident drug test determined Driscoll had a blood alcohol content of .16.
Decision of lower jurisdiction:
The South Dakota Court of Appeals affirmed the decisions of the circuit court and the state's labor department which denied benefits to Driscoll. Both jurisdictions had said compensation could not be extended when the injuries were the result of willful misconduct.
Outcome:
Driscoll loses. The South Dakota Supreme Court affirmed the decisions of the lower jurisdictions.