April 8, 2019

A Kentucky Court of Appeals has affirmed a decision made by the Kentucky Workers' Compensation Board that a positive cocaine test of an injured employee did not bar his workers' compensation claim because the employer failed to demonstrate the employee had proximately caused his own injury by voluntarily becoming intoxicated. The case is R&T Acoustics v. Aguirre, No. 2018-CA-001277-WC, 2019 Ky. App. LEXIS 39 (Ct. App. Mar. 29, 2019).

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