Prock v. Bull Shoals Boat Landing (Majority, with Dissenting)Annotate this Case
Appellant was injured while working for Employer. Following the accident, a drug test on Appellant came back positive. Appellant sought workers’ compensation benefits. An administrative law judge found that Appellant was entitled to benefits, concluding that he met his burden of proving that his accidental work incident was not substantially occasioned by the use of drugs. The Arkansas Workers’ Compensation Commission reversed, determining that Appellant did not rebut the presumption that his accident was substantially occasioned by his use of illegal drugs. The Supreme Court reversed and remanded to the Commission for a determination of benefits, holding that substantial evidence did not support the Commission’s finding that Appellant failed to rebut the presumption by a preponderance of the evidence.