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ESTER v. NATIONAL HOME CENTERS, INC.

No. 98-405.

981 S.W.2d 91 (1998)

335 Ark. 356

Eugene ESTER, Appellant, v. NATIONAL HOME CENTERS, INC., Appellee.

Supreme Court of Arkansas.

December 10, 1998.

Attorney(s) appearing for the Case

Sheila F. Campbell, Little Rock, for Appellant.

Robert L. Henry, III, R. Kenny McCulloch, Little Rock, for Appellee.

ANNABELLE CLINTON IMBER, Justice.

The appellant, Eugene Ester, appeals from the decision of the Workers' Compensation Commission denying him benefits for injuries he sustained in a work-related accident. The Commission found that Mr. Ester failed to rebut the statutory presumption in Ark.Code Ann. § 11-9-102(5)(B)(iv) (Supp.1997) that his injury was substantially occasioned by the use of illegal drugs. The Commission also concluded that the statute does not violate...

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