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Brockmeyer v. Stieferman Bros12/5/2000
he policy.
Claimant also argues that employer tolerated the consumption of alcohol by its employees. Claimant testified that employees drank during working hours but he had no knowledge whether they drove while intoxicated. Employer's owner, Terry Stieferman, testified that since 1986, employer had not permitted its employees to consume alcohol on its premises, and never permitted its employees to drive while intoxicated. The commission found that claimant was not a credible witness and that Stieferman was credible. We defer to the commission's resolution of issues concerning credibility. See Williams, 996 S.W.2d at 625. Stieferman's testimony was competent evidence supporting a finding that employer's right to assert this affirmative defense had not been lost pursuant to section 287.120.6(2)(a).
Claimant last argues that employer failed to diligently inform claimant that he was required to obey its policy. The record refutes this claim. Point one is denied.
In his second point, claimant asserts that the commission erred in finding that he had forfeited his benefits under Section 287.120.6 because the employer should not have been able to assert the affirmative defense that the accident did not arise out of and in the course of his employment due to his intoxication. This point does not address an error of the commission. The commission did not base its award on this ground but on Section 287.120.6. Point two is denied.
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