Alice Agnes March and Shawn Anthony March v. Victoria Lloyds Insurance Company

This is an appeal from a judgment denying worker compensation death benefits. Anthony E. March, a truck driver with R.E.B. Transportation, Inc., died when the truck he was operating left the highway and crashed near Guthrie, Oklahoma, in the early morning hours or March 21, 1982. At trial, Victoria Lloyds Insurance Company, R.E.B. Transportations compensation carrier, denied liability, alleging that March was intoxicated at the time of the accident and therefore not in the course of his employment. Under the Workers Compensation Act, injuries received while in a state of intoxication are not considered "injuries sustained in the course of employment." Texas Indemnity Ins. Co. v. Dill, 42 S.W.2d 1059 (Tex.Civ.App.--Eastland 1931), affd, 63 S.W.2d 1016 (Tex. Commn App. 1933, opinion adopted); TEX. REV. CIV. STAT. ANN. art. 8309, sec. 1 (Vernon 1967).