A LONG TRADITION OF LEGAL EXPERTISE AND EXCEPTIONAL SERVICE

UTSINGER SUCCESSFULLY ASSERTS INTOXICATION DEFENSE

by | Nov 9, 2021 | Blog, Firm News |

In a recent Arbitration Decision, a Deputy agreed with Utsinger that a Claimant was not entitled to workers’ compensation benefits under the new statute regarding intoxication. In the case, a Claimant suffered a low back injury but tested positive for methamphetamine immediately after the alleged injury. The toxicologist, through a supplemental report, confirmed the validity of the drug test and effects of methamphetamine. The claim was denied pursuant to Iowa Code 85.16 for intoxication. At hearing, Claimant attempted to rebut the intoxication defense through his own testimony and did not provide any further expert evidence on this issue of intoxication. Ultimately, the Deputy found Claimant did not meet his burden of proof to rebut the presumption of intoxication and supported the denial. As a result, Claimant’s request for workers’ compensation benefits was denied and the Arbitration Decision was fully in Defendants’ favor.

FindLaw Network