BENTON, Judge.
This appeal presents several issues with respect to intoxication of a claimant as a defense to a workers' compensation claim. We agree with the Industrial Commission that the employer, American Safety Razor Company, did not meet its burden of proving injury due to intoxication as provided by Code § 65.1-38, and for this reason, we affirm.
On the night before the accident the claimant, Emmett P. Hunter, was drinking whiskey until approximately...
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