PJC General Negligence 2024

W ORKERS ’ C OMPENSATION —D EFENSES AND E XCEPTIONS

PJC 18.2

Presumption of intoxication. Tex. Lab. Code §401.013(c) provides that on the voluntary introduction into the body of certain substances there is a rebuttable pre sumption that a person is intoxicated and does not have the normal use of mental or physical faculties. The Committee expresses no opinion regarding the effect of this presumption on the burden of proof in a suit for judicial review. Intoxication is complete defense. Intoxication at the time of injury is a complete defense, because the worker’s injury is statutorily excluded from coverage. No ques tion should be submitted inquiring whether the intoxication contributed to the injury. Texas Indemnity Insurance Co. v. Dill , 42 S.W.2d 1059, 1059–60 (Tex. App.—East land 1931), aff’d , 63 S.W.2d 1016 (Tex. Comm’n App. 1933, judgm’t adopted); see also March v. Victoria Lloyds Insurance Co. , 773 S.W.2d 785, 791 (Tex. App.—Fort Worth 1989, writ denied).

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