The injured worker testified that the property owner had distributed drugs and that "beer [was] readily available on site." The paramedic who treated Adams at the scene of the accident confirmed Adams had admitted to drinking alcohol before work that day, but testified that Adams had exhibited none of the typical signs of intoxication. (Credit: Bigstock)

Virgil Adams fell 30 feet when the supports beneath the ladder he was standing on collapsed; the fall left him totally and permanently disabled. Hospital tests revealed, and Adams freely admitted, that he had both cocaine and alcohol in his system at the time of the accident. Adams also admitted that he had not examined the cribbing before climbing up the ladder. There was no workers' compensation policy in place, so Adams filed a claim with the Workers Compensation Fund, which denied his claim based on the presence of the drugs. 

Adams testified that the property owner had distributed the drugs, and that "beer [was] readily available on site." The paramedic who treated Adams at the scene of the accident confirmed Adams had admitted to drinking alcohol before work that day, but testified that Adams had exhibited none of the typical signs of intoxication, such as slurred speech or bloodshot eyes.

The doctor called upon by the fund made two reports relating to the incident. The first revealed little helpful information. All the doctor could say with certainty was that the urine sample indicated cocaine use two to three days before the accident, and that there was insufficient information concerning the manner and timing of the blood alcohol concentration (BAC) test to conclude there was more than "some degree of impairment from alcohol."