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26.3.5 Case example - Causal link


In Re Grime and Telstra Corporation Limited (1994) an employee had an accident while driving a car to work in the morning with a blood alcohol level of 0.136%, after drinking approximately 16 light beers the night before. The Tribunal found that he was not aware that he was still substantially affected by alcohol, but it accepted without argument that he was still under the influence of alcohol and that this caused the accident. (i.e. the Tribunal found that because of the wording of 4(13) he was guilty of serious and wilful misconduct even though unaware of his drunken state, and was thereby excluded from compensation because that state was a factor in the accident.)