The following is important information to know for those individuals who might enjoy having a few cocktails before or during business hours.

Tlumac v. High Bridge Stone was decided by the New Jersey Supreme Court several years ago but is still an interesting case to look at. Tlumac was a truck driver, and in February 2004 he worked a total of 230 hours in a 12 days period. In addition to his heavy work load, his wife had suffered a broken hip causing him to lose another 2 to 3 hours of sleep each night taking care of additional family responsibilities. On February 28, 2004, he had several beers while working on the roof of his house and another beer before going to bed around 8:00 p.m. without eating dinner. He woke at 2:15 a.m. the next morning to go to work.

Thlumac was about 30 miles into his route that morning when he drove his truck off the highway injuring himself in the process. He claimed the last thing he remembered was driving through a green light and approaching a turn. Based on expert testimony, Tlumac’s blood alcohol level at the time of the accident would have been between 0.10 and 0.18. Thlumac applied for workers compensation benefits but his employer challenged the application and raised the statutory defense of intoxication N.J.S.A. 34:15-7.

However, Tlumac was able to present enough evidence to establish sleep deprivation as another concurrent cause for the accident. He showed that a combination of his work schedule, caring for his injured wife and the need to make repairs to his house all cause his sleep deprivation. The Court noted other courts have interpreted N.J.S.A. 34:15-7 to mean intoxication must be the sole cause of the accident; the burden of proof lies with the employer who must show the employee’s work-related injuries were caused solely by intoxication. Thus, the Court found enough credible evidence in this case to conclude that intoxication was not the sole cause of the employee’s accident.

If you injured or contract an occupational disease while working, please contact Mark & Galusha, your Workers Compensation attorneys in Newark and Elizabeth, New Jersey. For your free consultation with a lawyer from our Firm, contact us at 908-626-1001 or 973-440-2311, or tell us your story by clicking the "contact us" page.