Lack of evidence blows away marijuana intoxication defense

A worker was disassembling part of a steel roof of a store when he fell 15 feet and landed on a concrete floor. He sustained extensive injuries, including injuries to his brain. He sought workers’ compensation benefits. The employer agreed that he sustained work-related injuries in the course and scope of his employment due to the fall. The employer denied liability for paying workers’ compensation benefits because it alleged that the worker was voluntarily intoxicated from marijuana. The Kentucky Court of Appeals held that the worker was entitled to benefits.
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