Worker’s Intoxication at Time of Accident Didn’t Make Injuries Not Compensable

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A worker was driving a long haul route as part of his work duties. While distracted by a food warmer, he lost control of the vehicle and had an accident. The police later determined that he was intoxicated at the time. His workers’ comp claim was approved, but the employer challenged it, arguing that he’d removed himself from the course of employment when he got drunk. The Appeals Commission found that the worker’s intoxication may have been a factor in the accident but it wasn’t the sole or primary cause. So because the worker suffered injuries as a consequence of a motor vehicle accident that arose out of and occurred in the course of his employment, he had an acceptable workers’ comp claim [2016-0691 (Re), [2016] CanLII 85907 (AB WCAC), Dec. 2, 2016].