Oregon Court Says No Workers’ Comp for Dock Urinator

By NIGEL DUARA | August 5, 2013

A federal appeals court says an Oregon longshoreman who got drunk on the job, urinated while standing on a dock and then fell 6 feet onto concrete should not get workers’ compensation benefits for his injuries.

Gary Schwirse drank at least nine beers and half of a pint of whiskey on Jan. 8, 2006. While standing on a dock, he urinated and fell over a railing.

He registered a blood-alcohol level of 0.25 percent.

Schwirse sued for workers’ compensation benefits and at first was victorious, when an administrative law judge ruled that workplace hazards had been a factor in his fall.

But the 9th U.S. Circuit Court of Appeals has ruled that Schwirse’s injuries were due solely to intoxication and his employers could not be held responsible.

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