After throwing back a few beers on a Sunday morning, an employee was instructed to repair the roof of a building. While he was on the roof, a swarm of ants attacked him, and he fell through the roof as he tried to brush them off. Although the employee’s blood alcohol level was over .09 percent at the time of the accident and he tested positive for marijuana and cocaine, the Kansas Court of Appeals held that the Workers’ Compensation Board was justified in awarding him workers’ comp benefits. The employer failed to show the employee’s intoxication “contributed to” his injury (a defense to workers comp liability) because a sober person could just as easily have fallen through the roof in the same circumstances. The case is Gideon v. Yost Properties.