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Paul D. Ivey
vs.
Jerry P. Puckett Construction Company et al.
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Issues:
Workers' compensation, alcohol testing, evidence, policy and procedure, post-accident testing.
Case Summary:
Paul Ivey appeals a state commission's denial of his workers' compensation claim. Ivey was injured in an accident while driving home from work in a company-owned vehicle. A post-accident test indicated Ivey's blood alcohol content was .215 percent. Ivey told an attending physician that he had consumed about two six packs of beer before driving home. Ivey filed a claim for workers' compensation benefits. His employer contested the claim, arguing that Ivey's misconduct contributed to the accident.
Decision of lower jurisdiction:
The Virginia Industrial Commission rejected Ivey's claim for benefits. The commission ruled that Ivey's misconduct contributed to the accident and related injuries. Ivey now appeals.
Outcome:
Ivey loses. The Virginia Supreme Court affirmed the ruling of the lower jurisdiction. The court ruled that the commission's decision was supported by an overwhelming amount of evidence .