US Supreme Court Looks at Intoxication Proof Issues

The US Supreme Court has granted certiorari in a case that will have critical imposrtance to proof of intoxication defense in many workers' compensation claims. (Missouri v. McNeely) The issue is whether a law enforcement officer may obtain a nonconsensual and warrantless blood sample from a drunk driver under the exigent circumstances exception to the Fourth Amendment warrant requirement based upon the natural dissipation of alcohol in the bloodstream.

Blood samples taken warrantlessly  are notoriously utilized by the defense to establish bood levels of alcohol in the defense of workers' compensation injuries.  Many workers' compensation statutes provide for defense of intoxication to work related accidents. Some states require intoxication to be the sole and proximate cause of the work related accident in order to defeat the claim.

US Supreme Court Docket
No. 11-1425
Title:
Missouri, Petitioner
v.
Tyler G. McNeely

Docketed: May 25, 2012
Lower Ct: Supreme Court of Missouri

Case Nos.: (SC 91850)
Decision Date: January 17, 2012
Rehearing Denied: March 6, 2012

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
May 22 2012 Petition for a writ of certiorari filed. (Response due June 25, 2012)
Jun 8 2012 Order extending time to file response to petition to and including July 25, 2012.
Jul 25 2012 Brief of respondent Tyler G. McNeely in opposition filed.
Aug 8 2012 DISTRIBUTED for Conference of September 24, 2012.
Aug 14 2012 Reply of petitioner Missouri filed. (Distributed)
Sep 25 2012 Petition GRANTED.

---

~~Name~~~~~~~~~~~~~~~~~~~~~	~~~~~~~Address~~~~~~~~~~~~~~~~~~	~~Phone~~~
Attorneys for Petitioner:
John N. Koester Jr.	Cape Girardeau County, Missouri 100 Court Street	(573)-243-2430
Counsel of Record	100 Court Street
	Suite 204
	Jackson, MO  63755
	jnkoester@capecounty.us
Party name: Missouri
Attorneys for Respondent:
Steven R. Shapiro	American Civil Liberties Union Foundation	(212) 549-2500
Counsel of Record	125 Broad Street
	New York, NY  10004
	sshapiro@aclu.org
Party name: Tyler G. McNeely

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Drugs, Alcohol and Mauling Bears

Guest Blog by Thomas M. Domer 

I’ve received dozens of emails and phone calls from friends and colleagues railing on the Montana court ruling granting workers’ comp benefits to a man high on pot when a grizzly mauled him at a nature park. “How ridiculous, how unfair!” rings the common theme from almost every caller. 

In response, I remind folks that the court said grizzlies are ”equal opportunity maulers”, and no proof existed that the man provoked the attack because he was high. I also remind everyone that workers’ comp is a no-fault insurance system, where concepts like “fairness” are all very relative. 

Many states, including Wisconsin, hold that if an injury results from intoxication (by alcohol or drugs) benefits are not denied, but reduced (usually by 15%) as an employee safety violation, but intoxication is not evidence of a deviation if the employee is otherwise in the course of employment. The much-heralded “Frozen Fingers” case in Wisconsin confirmed that rule, where a salesman was so drunk he couldn’t open his own door, passed out and has his frostbitten fingers amputated. Benefits were awarded, but reduced by 15%.

Thomas M. Domer practices in Milwaukee, Wisconsin (www.domerlaw.com). He has authored and edited several publications including the legal treatise Wisconsin Workers' Compensation Law (West) and he is the Editor of the national publication, Workers' First Watch. Tom is past chair of the Workers' Compensation Section of the American Association for Justice. He is a charter Fellow in the College of Workers' Compensation Lawyers. He co-authors the nationally recognized Wisconsin Workers' Compensation Experts Blog.

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