Michael J. Gratz (Gratz) worked as a roofer for Jason B. Hill. On February 18, 2002, a co-worker picked up Gratz and other workers and drove to the day's job site. On the way, they stopped to purchase breakfast items. Gratz purchased beer but the driver did not know about it until he looked in the rearview mirror and observed Gratz "chugging away." It was a cold and windy day and Gratz was the only worker who attempted to work on the roof. His co-workers urged him not to but "he thought he was tough." He got on a piece of equipment used to send loads of shingles up and down, ignoring the notice on it stating "do not climb." While proper safety equipment was readily available, Gratz refused to use it because such equipment was "for pansies." Within five to ten minutes of getting on the wet roof, he lost his footing and started to slide. Despite trying to avoid falling by "scooting" back up, he still fell four stories and landed on his feet, sustaining injuries to his left arm, both feet, pelvis and lower spine. He was hospitalized for two weeks. The smell of alcohol was apparent to everyone who approached him. Toxicology tests done at the hospital five to seven hours after the accident revealed a blood alcohol level of .11. Doctors estimated that the level was at least twice that at the time of the accident and such psychotrophic substances affect the way the mind thinks and the way the brain controls the body.

Gratz initiated a claim for workers compensation benefits on March 25, 2002. The insurance company denied the claim on August 5, 2002, based in part on Gratz's intoxication. He requested a hearing, held before a deputy commissioner, on September 27, 2005 and benefits were denied in a ruling issued on February 28, 2006. Gratz appealed to the full commission, which denied benefits on April 24, 2007. Gratz appealed.

The appellate court review was limited to two issues: (1) whether the findings of fact were supported by competent evidence, and (2) whether the conclusions of law were justified by the findings of fact. North Carolina General Statutes specifically state that compensation will not be paid if the employee's injury was proximately caused by his or her intoxication, as long as the employer or the employee's supervisor did not provide it. Generally acceptable blood or other tests to determine blood alcohol tests create a rebuttable presumption of impairment from the use of alcohol. The full commission determined as fact that Gratz was intoxicated at the time of the fall by alcohol he purchased and consumed. This was supported by testimony of co-workers and doctors.

The appellate court determined that the full commission's finding of fact that Gratz's fall was caused by his intoxication was supported by competent evidence of record. This finding of fact in turn supported the full commission's conclusions of law. As a result, the full commissions findings of fact and conclusions of law supported its denial of benefits to Gratz. The court upheld and affirmed the full commission's opinion and award.

Court of Appeals of North Carolina. Michael J. Gratz, Employee, Plaintiff-Appellant, v. Jason B. Hill,
Employer, and St. Paul Travelers Insurance Company, Carrier, Defendants-Appellees. No COA07-872.
April1, 2008 658 S.E.2d 523