UPS Driver Injured in Beer-Related Crash Denied Workers’ Compensation Claim

DOVER, Del.—A UPS driver who crashed his truck after consuming several beers while driving has been denied workers’ compensation for his injuries, as ruled by a Delaware judge.

Superior Court Judge Kathleen Vavala determined late last week that Delaware’s Industrial Accident Board acted beyond its authority and made a legal error by granting compensation to Timothy Willis.

“Voluntary intoxication while performing work deviates from the normal course of employment,” the judge stated, asserting that the board’s decision “exceeded the bounds of reason.”

In June 2021, Willis crashed his semi-truck into a guardrail in Baltimore County, Maryland. He had started his shift the previous night in Delaware and had driven to Pennsylvania before heading to Maryland to unload the trailer of his rig. As he was returning to Delaware to drop off the semi-cab, he crashed into a guardrail around 4 a.m.

“Willis usually packs a cooler of beers to celebrate the conclusion of his shift on the drive home; however, on the day of the accident, he began earlier,” Vavala noted, mentioning that Willis admitted to drinking three beers. “Willis acknowledged that he commonly consumes beer and drives home from work; participated in AA meetings to manage his drinking; and had been drinking and driving shortly before the accident,” the judge added.

Responding officers observed Willis discarding multiple beer cans from the truck. They reported that he was slurring his words, perspiring heavily, reeked of alcohol, and had soiled himself.

Officers discovered an open can of Miller Lite on the running board of the truck, two cans on the ground, and another in the cooler. Willis refused to undergo field sobriety tests, but two blood tests taken hours later indicated blood alcohol levels of 0.19 and 0.181, both more than twice the legal limit. He faced charges of drunken driving but avoided a formal conviction by entering a “probation before judgment” agreement.

The Industrial Accident Board declined to consider the blood alcohol tests due to lack of proper authentication. It also excluded statements made by Willis during his Maryland court appearance. Subsequently, the board awarded him compensation, asserting that the accident occurred at a time and place where he could reasonably be expected to be while working. They additionally concluded that a violation of UPS’s zero-tolerance alcohol policy did not automatically mean the accident occurred “outside the course and scope of employment.” They contended that UPS failed to establish that Willis was intoxicated at the time.

The board observed that the alcohol in question was light beer, having a lower alcohol content than regular beers, and it was uncertain when he had been drinking. They also considered Willis’s assertion that he crashed while swerving to avoid hitting a deer.

Vavala acknowledged that the board correctly ruled that Willis had not been convicted of DUI and rightly excluded the breathalyzer results. However, she found that the board abused its discretion by prohibiting cross-examination of Willis regarding statements he made during his Maryland plea hearing. She also determined that the board erred by concluding that Willis was operating within the course and scope of his employment at the time of the crash.

“A truck driver cannot reasonably drink, nor is he permitted to drink, alcohol while operating a semi-trailer that weighs thousands of pounds on winding back roads at nearly four in the morning,” Vavala asserted. “Such behavior not only violates company policy — it is also illegal.”

“Ultimately, to uphold the board’s decision would establish a hazardous precedent allowing employees to drive impaired on the job — as long as it’s light beer — despite overwhelming evidence indicating otherwise,” Vavala concluded.

The judge’s ruling did not address Willis’ employment status with UPS.

By Randall Chase