Workers’ Compensation Law Section 21 pertains to the defense of intoxication. If an insurance carrier can prove that a work injury was caused solely as a result of an employee’s intoxication, the claim will be dismissed.

The recently reported case of Thompson v. Wiltsie Construction Company involved a boilermaker’s claim for injuries to his feet. 18 hours after the accident the claimant’s employer required him to give a urine sample for drug testing purposes. The test was positive for high levels of marijuana. Because the employer was unable to prove that the claimant’s injury at work was the sole result of his intoxication the claim stood and Mr. Thompson received Workers’ Compensation benefits. http://decisions.courts.state.ny.us/ad3/Decisions/2010/507838.pdf

We have handled several similar cases in our office. The underlining facts of each case, pertaining to whether or not other factors in addition to intoxication contributed to the injury, will determine whether the claim is established or disallowed.