Boyd & Jenerette Prevails on Intoxication Defense for Traveling Employee in Claim for Death Benefits

February 21, 2017 by on News

Boyd & Jenerette’s workers’ compensation team recently obtained a successful Final Compensation Order denying compensability, death benefits to the surviving spouse, and funeral expenses on behalf of its client, an employee leasing company and its workers’ compensation carrier.  The claim was defended by Partner, Heather Byrer Carbone, and Associate, Kelly Brannon, in the Judge of Compensation Claims Jacksonville District.  The matter involved several complex issues including the claimant’s status as a traveling employee and whether the claimant was in the course and scope of his employment at the time of the accident, and the intoxication defense, and its burdens of proof pursuant to 440.09-Fla. Stat.

The claimant argued that the employer/carrier was not entitled to the presumption of intoxication and objected to the admissibility of the toxicology report and corresponding expert testimony which were ultimately deemed admissible by the court.  Although the court found that the employer/carrier was not entitled to the intoxication presumption, Ms. Carbone persuaded the court to find that the work accident was occasioned primarily by the intoxication of the claimant.

Heather Byrer Carbone
Board Certified Workers’ Compensation Attorney
Direct: 904.493.3769
Fax: 904.493.5659

Kelly M. Brannon
Direct: 904.520.7803
Fax: 904.520.7391

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