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PHILLIPS v. JENMAR, INC.

No. 99-SC-0157-WC.

998 S.W.2d 483 (1999)

Donald Ray PHILLIPS, Appellant, v. JENMAR, INC. d/b/a Designer Marble; Denis S. Kline, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

August 26, 1999.

Attorney(s) appearing for the Case

Lee M. Dean, Harrodsburg, for Appellant.

Steven R. Armstrong, Boehl, Stopher, & Graves, Lexington, for Appellee Jenmar, Inc. d/b/a Designer Marble.

OPINION OF THE COURT

This workers' compensation appeal concerns whether the evidence compelled a conclusion that claimant's injuries were sustained in the course and scope of his employment.

Claimant was employed as a laborer from 1990 until August 18, 1995, the date on which he was injured. It is undisputed that he suffered from alcoholism, and he was accustomed to drinking large quantities of beer each day. A day or two before the accident, claimant was...

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