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DECKARD v. BLOOMINGTON CRUSHED STONE CO.

No. 93A02-9201-EX-4.

590 N.E.2d 137 (1992)

Melvin Dean DECKARD, Appellant-Plaintiff, v. BLOOMINGTON CRUSHED STONE COMPANY, Appellee-Defendant.

Court of Appeals of Indiana, First District.

Transfer Denied July 30, 1992.

Attorney(s) appearing for the Case

William R. Groth, Fillenwarth, Dennerline, Groth & Towe, Indianapolis, for appellant-plaintiff.

Robert J. Wicker, Bargersville, for appellee-defendant.

BAKER, Judge.

Today we are asked to determine whether an intoxicated worker who is unaware of his intoxication and is injured in the scope of his employment as a result of his intoxication may collect worker's compensation benefits. We hold the plain language of IND. CODE 22-3-2-8 prohibits the intoxicated worker from collecting the benefits.

FACTS AND PROCEDURAL HISTORY

This case arose when plaintiff-appellant Marvin Dean Deckard was severely injured...

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