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BLEVINS v. SAFEWAY10/5/1988
John Guy was the Safeway employee who replaced Mr. Blevins as produce buyer. He testified that he would routinely go to dinner with the regional manager when he came to town, but that there was no Safeway policy that required buyers to go to dinner with regional managers. He also said that there was no requirement that they have drinks at dinner and that he, in fact, did not drink at all.
[4 - 8] The question of whether an employer is estopped to raise the defense of intoxication will depend on the particular circumstances of the case. See, e.g., Davis v. C & M Tractor Co., 4 Ark. App. 34, 627 S.W.2d 561 (1982); West Florida Distributors v. Laramie, 438 So.2d 133 (Fla. Dist. Ct. App. 1983). Estoppel is ordinarily an issue of fact. State v. Industrial Acc. Commission, 261 P.2d 759 (1953). In workers' compensation cases, the Commission functions as the trier of fact. On appeal to this court, the question is whether the Commission's findings are supported by substantial evidence. DeBoard v. Colson Co., 20 Ark. App. 166, 725 S.W.2d 857 (1987). On appeal, we must view the evidence in the light most favorable to the findings of the Commission and give the testimony its strongest probative force in favor of the Commission's actions. See McCollum v. Rogers, 238 Ark. 499, 382 S.W.2d 892 (1964). In the case at bar, we hold only that the Commission's finding that the employer was not estopped to assert the defense of intoxication is supported by substantial evidence. Because we hold that the Commission did not err in finding that the claim was barred by the defense of intoxication, we need not reach appellant's final argument.
Affirmed.
CORBIN, C.J., and CRACRAFT, J., agree.
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