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AUSTIN v. FIBREBOND CORP.

No. 25565-CA.

638 So.2d 1110 (1994)

Michael AUSTIN, Plaintiff-Appellant, v. FIBREBOND CORPORATION, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

Order Denying Rehearing April 22, 1994.

Attorney(s) appearing for the Case

David P. Daye, Shreveport, for plaintiff-appellant.

Michael G. Latimer, Minden, for defendant-appellee.

Before SEXTON, HIGHTOWER and WILLIAMS, JJ.

SEXTON, Judge.

Appellant, Michael Austin, filed suit for worker's compensation benefits against his former employer, Fibrebond Corporation, as a result of an alleged job-related injury to his right foot. Fibrebond raised the affirmative defense of intoxication on grounds that Austin refused to take a drug test pursuant to company policy after the accident occurred. The trial court sustained Fibrebond's defense, holding that Austin failed to rebut the statutory presumption...

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