For Immediate Release
The Law Office of Rahaim & Saints is proud to announce a favorable Workers Compensation Decision by the Delaware Industrial Accident Board. The employee/claimant broke his hand while helping co-workers lift a large gang box of equipment. The co-workers dropped their ends of the box and the claimant’s hand was caught underneath. Attorney Sheldon S. Saints won a decision regarding the employer’s attempted defense of forfeiture due to intoxication where it appears that the basis of the treating doctor’s testimony regarding the smell of liquor on the claimant’s body and breath at time of post accident treatment is the fact that the claimant made a ‘liquor run’ for a pint of peach brandy on the way to the emergency room following a workplace accident.
The employee explained that he drank 3-4 beers and a half pint of peach brandy while watching sports on TV the evening prior to the accident, but drank no liquor the morning before work. The day of the accident was very hot and claimant worked in a non-air conditioned environment. Due to profuse sweating, the Board ruled, it stands to reason that claimant’s sweat could have smelled like alcohol at the initial examination of the occupational health physician. The claimant and his wife testified that after the initial examination of the occupational injury physician, the worker was told to report to the nearby hospital emergency room. Fearing a long wait in the emergency room while suffering with a broken hand, the claimant had his wife stop at a liquor store on the way to the hospital and he bought and drank some brandy. Some time later, when his blood was tested at the hospital at the request of his employer, a high level of alcohol was detected. The employer attempted to prevent the payment of workers’ compensation based on the inebriation of the claimant.
In the claimant’s favor was the testimony of the occupational health physician who stated that though she smelled alcohol on the claimant, he walked steadily and spoke clearly when she examined him.
In addition, the claimant’s attorney argued that because of the level of alcohol found at the hospital some three hours after the injury, these levels could not have been due to drinking before work earlier that day. By reverse extrapolation, at the time of injury the claimant’s levels would have to have been well over.20 and he should have been incoherent and stumbling. Yet his co-workers testified that the claimant did not appear intoxicated to them at all at the time of injury
Based on foregoing, the Board stated that it could not find that claimant was inebriated at time of accident. In addition, there was no evidence that inebriation of the claimant contributed to the injury as it was the co-workers who dropped their ends of the gang box. The injured worker prevailed and workers compensation benefits were paid.
The Law Office of Rahaim & Saints has offices located in Bear, Delaware & Wilmington, Delaware. They are a general practice law firm with their personal injury practice focusing on Workers Compensation, Auto and Truck Accident cases. Rahaim & Saints proudly services clients throughout New Castle, Kent & Sussex Counties in Delaware. Sheldon S. Saints is a Delaware native and has over 26 years helping injured people in Delaware.
Contact Information:
Rahaim & Saints
2055 Limestone Road
Suite 211
Wilmington, DE
19808-5536
Email: [email protected]
Tel: 302 892 9200
Website: http://www.rahaimandsaints.com/
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