Court: No workers' comp in drunk dockworker case

Recent Cases

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-pint of whiskey on Jan. 8, 2006. While standing on a dock, he urinated and fell over a railing. At the hospital, 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 judge later reversed his ruling when Schwirse backed off a claim that he tripped over an orange cone.

The worker appealed it to U.S. District Court, where he lost, and the case landed in the 9th U.S. Circuit Court of Appeals, which denied a petition for a review of claims this week. The court said his injuries were due solely to intoxication and his employers could not be held responsible.

Schwirse later tried to argue that the very concrete onto which he fell, and not his intoxication, was responsible for his injuries. That argument also lost.

Ninth Circuit Court of Appeals judge N. Randy Smith wrote in the opinion that if intoxication was the reason for the fall, then intoxication was also the reason for the injury.

Related listings

  • Pitt schools segregation lawsuit in federal court

    Pitt schools segregation lawsuit in federal court

    Recent Cases 07/26/2013

    Nearly 60 years after the U.S. Supreme Court struck down racial segregation in public schools, lawyers are set to square off in a federal courtroom in eastern North Carolina over whether the effects of that Jim Crow past still persist. A trial was to...

  • Wash. gay wedding flowers case goes to court

    Wash. gay wedding flowers case goes to court

    Recent Cases 06/28/2013

    The dispute over a Washington state florist who declined to provide flowers for a same-sex wedding goes to court Friday. Oral arguments are scheduled in Benton County Superior Court. The Washington state attorney general's office sued the owner of Ar...

  • Court: Ex-Im Bank needs to explain Air India loan

    Court: Ex-Im Bank needs to explain Air India loan

    Recent Cases 06/19/2013

    A federal bank that backed a huge airplane loan for Air India will have to explain that the loan didn't hurt U.S. airlines. A lawsuit by Delta Air Lines Inc. had accused the Export-Import Bank of failing to follow a requirement that it makes sure its...

New Rochelle, New York Personal Injury Lawyers

If you or a loved one has been injured in an accident, contact Kommer, Bave & Ollman, LLP, in New Rochelle, New York, immediately. We can answer all your questions and work with you to determine if you have the grounds for a personal injury lawsuit. The attorneys at our firm are determined to resolve even the most difficult of cases. We will work closely with you to determine the best course of action to get your claim or case resolved in the most efficient way possible. We will fight for your right to compensation! No one should have to suffer a financial burden from the result of another person’s carelessness. The attorneys at Kommer, Bave & Ollman, LLP will aggressively fight to ensure that justice is served on your behalf.

Business News

New York Adoption and Family Law Attorneys Our attorneys have represented adoptive parents, birth parents, and adoption agencies. >> read