Mr. Quinlivan represented the employer and carrier in a workers’ compensation claim made by a truck driver. The truck driver had fallen from the cab of his truck and severely injured his back and ribs. After the accident, the employee was taken to a nearby hospital for treatment and a drug screen. The drug screen results showed the employee had recently used cocaine and workers’ compensation benefits were denied. 

The employee filed suit against the employer and carrier at the Mississippi Workers’ Compensation Commission. The claim was tried by Mr. Quinlivan before the Honorable Robert J. Arnold, III. Mr. Quinlivan put on proof through documentary evidence, expert witness testimony and the testimony of the employee’s supervisor that the employee’s crack cocaine intoxication was the proximate cause of the work injury. Additionally, Mr. Quinlivan was able to prove the employee’s account of the injury and prior drug usage was not credible. Judge Arnold dismissed the claim and denied the employee workers’ compensation benefits.