 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Penrod v. Pride Johnson Heating7/15/2005
AFFIRMING
BEFORE: JOHNSON AND McANULTY, JUDGES; HUDDLESTON, SENIOR JUDGE.
Although Richard Penrod (Penrod) was injured in an accident while driving his work truck to his next service call as a heating and air conditioning service technician, an Administrative Law Judge (ALJ) determined that his voluntary intoxication was the "proximate cause" of the accident. Thus, KRS 342.610(3) barred recovery of workers' compensation benefits. The Workers' Compensation Board (Board) unanimously affirmed, but Penrod continues to maintain that the ALJ made an impermissible inference from the opinion of Pride Johnson Heating, Cooling and Electric's (Pride Johnson) toxicology expert. Because the ALJ's conclusions as to intoxication and causation are questions of fact properly decided by the ALJ and the ALJ's findings were not unreasonable under the evidence, we affirm.
The accident occurred on March 27, 2002. On that day, Penrod reported to work in the morning then left the shop to make his service calls. At some point in the morning, he took a Lortab 5, which had been prescribed by his doctor for lower back pain. At about 10:00 a.m., he had one beer from a cooler which he kept in the toolbox on his work truck.
At a little after 11:00 a.m., he was driving his work truck, and he reached down to grab a pack of cigarettes. While reaching for the cigarettes, he allowed the tires of his truck to glide off the road. Penrod could not get the tires turned to get back on the road. While off the road, Penrod's vehicle hit a road sign. After hitting the sign, Penrod dove for the floorboard of the truck to prepare for the collision, which he believed was imminent at that point.
The vehicle continued driving off the road until it hit a 15-foot culvert. This caused the truck to overturn and eventually come to rest on the opposite side of the road. Penrod sustained injuries as a result of the accident. Penrod was not wearing a seatbelt.
Police and emergency personnel arrived on the scene. The state trooper responding was Mark Combs (Trooper Combs). Trooper Combs detected a strong smell of alcohol coming from Penrod. And Penrod admitted to drinking one beer to the officer. Penrod refused a breathalyzer test at the scene; however the hospital drew a blood sample about two hours and twenty minutes after the accident occurred. After investigating the accident, Trooper Combs issued a citation charging Penrod with driving under the influence , second offense. Penrod later pled guilty to that charge.
Tony R. Bethel (Bethel) and Barry Groves (Groves) were the paramedics that treated Penrod at the accident site and transported him to Muhlenburg Community Hospital. During the transport, Bethel drove and Groves stayed in the back with Penrod.
Groves prepared the accident report. He noted that Penrod had no loss of consciousness, and that he was alert and oriented. He also recorded that Penrod had a strong smell of alcohol and that he was uncooperative. Penrod informed Groves that he had a beer for breakfast.
Bethel also recalled that Penrod was uncooperative when the emergency medical technicians were trying to treat him. This action is consistent with an intoxicated person. But it is also consistent with a person who has a head injury. Neither paramedic could say whether Penrod's actions were attributable to alcohol and drug consumption or a head injury.
Penrod filed a workers' compensation claim. Pride Johnson denied compensability of the claim on the grounds that the accident was caused by Penrod's voluntary intoxication.
In order to refute Pride Johnson's voluntary intoxication defense, Penrod int
Page 1 2 3 Kentucky DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|