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Pemberton Chevrolet9/2/2005
n the use of alcohol and the injury in order for the intoxication defense to bar compensation. Id.
The court then explained that an alcohol withdrawal seizure is an idiopathic condition because it is personal or peculiar to the individual. Id., citing 1 Larson, Workers' Compensation Law, §12.11 (1998). The court noted that an idiopathic fall is not compensable unless conditions related to employment contribute to the risk by placing the employee in a position which increases the effects of the idiopathic fall. Id. The court found substantial evidence supported the commission's decision that the idiopathic fall was more dangerous because the employee was on scaffolding while working and that the injury was therefore compensable. Id.
We are persuaded by the authority from other states that an alcohol withdrawal seizure is an idiopathic condition. The Oklahoma intoxication defense statute differs from that of Arkansas in that the Oklahoma statute denies compensation for an injury which occurs when the employee is using or abusing alcohol (or other named substances). 85 O.S.2001 §11(A)(3). While it could be argued that an alcohol withdrawal seizure is the result of alcohol abuse, we find that to so hold in this case would be to expand the scope of the statute. We leave that determination for the legislature. And, competent evidence supports the implicit finding that Harger proved by a preponderance of the evidence that alcohol was not the proximate cause of his injury, based on Harger's testimony he had not been drinking the day of the accident and because the blood alcohol test result was negative.
In this case, the panel affirmed the trial court's finding that Harger sustained an idiopathic fall, the effects of which were increased because Harger fell into the auto lift which was a hazard of employment. Competent evidence supports that finding. The Oklahoma Supreme Court has held that where the conditions of employment subject a claimant to increased injuries from an idiopathic condition, the injury will be compensable. Flanner, supra, 2002 OK 8 at -8, citing Larsen, Workers' Compensation Law, §9.01 (2001). The panel's order is SUSTAINED.
HANSEN, J., and JOPLIN, P.J., concur.
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