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Record contained substantial evidence to support the finding that Employer established the affirmative intoxication defense under S.C. Code Ann. § 42-9-60.
Jones was a car salesman at Harold Arnold’s Sentry Buick, Pontiac, GMC (Employer). Jones alleged compensable injuries to his back and lower extremities as a result of two falls on May 20 and 21, 2004. Jones acknowledged an addiction to cocaine and admitted using cocaine on May 16 and 17, 2004; however, he denied using cocaine on the dates of his falls. Employer asserted an intoxication defense under § 42-9-60.
The single Commissioner, Appellate Panel, and Circuit Court all found that Jones was intoxicated at the time of his fall. The Court of Appeals affirmed those decisions and denied compensability as a result of Jones’ intoxication. A toxicologist testified that Jones’ positive drug test was consistent with him having used cocaine on May 20, 2004. Witnesses testified that Jones’ eyes were red, swollen, glassy, and “jumping around;” this testimony was consistent with a doctor’s testimony about the effects of cocaine. Though Jones offered a witness who testified that he had been with Jones the day before the accident and noticed nothing unusual, Jones still could have used cocaine after their meeting. Substantial evidence supported the Commission’s finding that Employer had established the affirmative defense of intoxication and because of Jones’ intoxication, his injury was not compensable.
