In another case of workers’ compensation gone wrong, a longshoreman was temporarily awarded workers’ comp for tripping over a safety cone, until the 9th Circuit Court of Appeals intervened and uncovered the truth.
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The longshoreman did more than just trip over a cone. According to court records, the man drank a couple of beers when he started his shift, a few more during the first 3 hours of work, four to five more for lunch—and finally finishing the day with a half pint of whiskey. All that alcohol consumption really takes its toll on your bladder!
A half hour after his shift ended, the man went outside to relieve himself when he apparently tripped and fell over a rail and onto a steel and concrete ledge 6 feet below. The man suffered a gash to his right temple, which doctors attributed to the fact that he had acute alcohol intoxication.
The court records also showed that he had a 0.25 percent blood alcohol content level and that marijuana was also present in his system. The initial court judge sided with the man because he had tripped over the cone on the jobsite, making it a work-related injury.
However, the appellate court later determined that due to the man’s inebriation, the employer should not be held responsible for his actions, thus, eliminating the workers’ compensation benefits for the intoxicated urinator.
And did he keep his job? Inquiring minds want to know!
Even if the employee was inebriated but he was still on the employer’s property wouldn’t the employer still have some kind of responsibility, due to not being aware of some kind of signs of the employee behavior.