CURT BEAN TRANSPORT, INC. v. HILL

No. CA 09-419.

348 S.W.3d 56 (2009)

2009 Ark. App. 760

CURT BEAN TRANSPORT, INC. and Compensation Managers, Inc., Appellants, v. Lawrence HILL, Appellee.

Court of Appeals of Arkansas.

Rehearing Denied December 16, 2009.


Attorney(s) appearing for the Case

Walter A. Murray , Little Rock, for appellants.

Gary Davis , Little Rock, for appellee.


KAREN R. BAKER, Judge.

The primary issue in this workers' compensation case is whether the statutory presumption of intoxication found in Ark. Code Ann. § 11-9-102(4)(B)(iv)(b) (Supp. 2009) is raised by a claimant's refusal to take the particular test requested by the employer. The parties do not dispute that appellant, Curt Bean Transport, Inc., requested that appellee, Lawrence Hill, take a hair-follicle test four days after he wrecked a large truck and that...

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