Greg E. Prock, Appellant v. Bull Shoals Boat Landing & American Home Assurance/aig Claim Services, — Baker, J…

Summary

Justice Baker’s dissent argues that the Commission’s denial of compensation should have been upheld because the evidence was required to be viewed in the light most favorable to the Commission and supported its finding that Prock failed to rebut the statutory presumption arising from his positive marijuana test. The dissent further contends that the majority misread the governing precedent by treating a discussion of direct causation as altering the statutory presumption, even though the presumption itself required no additional causal link. Justice Goodson, dissenting, joined by Justice Baker, likewise would have affirmed the Commission’s decision and contended that the majority improperly substituted its judgment for the Commission’s factual determinations.