170 Ga. App. 855 | Ga. Ct. App. | 1984
We granted employer/insurer’s application for discretionary appeal in order to review the superior court’s judgment overturning a denial of compensation by the State Board of Workers’ Compensation. The following findings and conclusions by the administrative law judge were adopted by the full board: “Claimant on February 1 and 2, 1980[,] was in the general employ of [employer] ... as a truck salesman. . . .
“At about 3:00 p.m. on February 1, 1980[,] claimant left the premises of his employer and went to his home in Savannah. At about 5:00 p.m. on February 1, 1980[,] claimant was picked up at his home by Jack Ryals. Ryals was at this time also employed by this employer as a new car salesman. Claimant and Ryals then proceeded in Ryals’
“At about 2:30 a.m. February 2, 1981, Ryals while driving the demonstrator in an intoxicated state struck a palm tree. . . . Claimant and Ryals were enroute to their homes at the time. Claimant who was a passenger sustained personal injuries as a result of this collision. . . . Claimant did not sustain an accidental injury which arose out of and in the course of his employment. . . .
“Additionally, it is found as a fact that claimant’s injuries were caused by his wilful misconduct which consisted of his voluntarily entering a motor vehicle which was to be operated by a driver which claimant knew or should have known was intoxicated and an unsafe driver. Home Indemnity Co. v. White, 154 Ga. App. 225 [267 SE2d 846].” The superior court overturned the award on the ground that the board misapplied Home Indemnity Co. v. White, supra. Held:
The superior court erred in reversing the board’s award. The finding of fact concerning Ryals’ intoxication was amply supported by the admission by both claimant and Ryals as to the quantity of alcohol consumed during the evening and by the testimony of the police officer who arrived at the scene shortly after the accident. The police officer’s testimony indicated that Ryals smelled of alcohol, acted as if he was inebriated, and refused a blood alcohol test. Claimant’s admitted knowledge of the quantity of alcohol consumed by Ryals also sup
Claimant contends, and the trial court agreed, that Home Indemnity Co. v. White, supra, compels a different result. This contention ignores the essence of the Home Indemnity Co. holding, which was that the evidence in that case did not demand a finding that the employee’s intoxication was the proximate result of his injuries. Thus, the board’s award of compensation to the employee in that case was supported by the evidence. Similarly, the evidence in this case does not demand a finding that Ryals was intoxicated and that the claimant knew or should have known of his intoxication. However, the evidence does support such a conclusion, and neither the superior court nor this court is empowered to overturn the board’s findings of fact if they are supported by any evidence. Howard Sheppard, Inc. v. McGowan, supra.
Because of our holding with respect to the board’s finding of wilful misconduct, we need not address the board’s finding that the accident in this case occurred outside the scope and not in the course of the claimant’s employment.
Judgment reversed.