| Date: | 11/17/2010 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 046150-05 |
| Location: | Boston |
- Employee: Derrick Jones
- Employer: Southeastern Mechanical Services
- Insurer: Ace American Insurance Company
COSTIGAN, J. The employee was severely injured in a motor vehicle accident while driving to his employer's job site. When tested at the hospital where he was taken by ambulance, the employee's blood alcohol concentration (BAC) was 0.16%. Finding the employee was injured by reason of his serious and willful misconduct, the administrative judge denied the employee's claim as barred under the provisions of G. L. c. 152, § 27.1 The employee appeals the judge's decision on three grounds: 1) the insurer did not sustain its burden of proving serious and willful misconduct; 2) the judge's findings that the employee was impaired by alcohol and the impairment was a factor in the accident are unsupported by the evidence; and, 3) because he was a travelling employee entitled to round-the-clock coverage under the act, and his travel to the job site was compelled by his employer, his injuries are compensable under the act. For the reasons that follow, we affirm the decision.