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Workers Compensation News Chicago

Strom & Associates Defends Employee's Intoxication Charge In Mizwicki vs. Tube City

CHICAGO - Neal Strom of Strom & Associates, recently prosecuted a workers’ compensation
claim regarding the consumption of alcohol at a company-sponsored activity. On June 7, 1999,
while participating in a business-related golf outing, John Mizwicki fell from a golf cart and
suffered a fatal head injury.

Mizwicki’s employer, Tube City, claimed that Mizwicki’s death was not related to his
employment obligations because he had consumed several alcoholic beverages before the
accident.

Neal Strom summarizes his case, “Mizwicki was not present at Tuckaway Golf Course for any
non-business purpose and was acting in a reasonable and foreseeable manner, and the issue
of alcohol is of no importance to his claim.”

John Mizwicki was hired by Tube City as site manager of Acme Steel. His job description states
that he was to entertain and socialize with Acme employees in order to forge a close business
relationships between the companies. Just as he had done many times before, Mizwicki would
include the cost of alcohol along with other entertainment expenses when billing Tube City.

Strom brought key experts who testified on Mizwicki’s behalf. Mizwicki’s golf partners reiterated
there were no signs of intoxication and an expert doctor’s testimony stated, “the limited number
of beers Mr. Mizwicki consumed (three to four over the course of the evening) might well result
in no impairment whatsoever.”

Alcohol-related injuries have been long-disputed in Illinois workers’ compensation cases. With a
victory in the Mizwicki vs. Tube City case, Neal Strom was able to set a precedent making
employers responsible for the environment in which their employee’s work, regardless of where
it is located or what activities took place.

ABOUT STROM & ASSOCIATES
The Chicago law firm of Strom & Associates represents individuals injured in a work
environment who are seeking to enforce their rights under workers’ compensation laws. The
firm also represents the victims of personal injury. The law firm combines over 50 years of
experience working in personal injury and workers’ compensation. For more information, visit
www.stromandassociates.com.

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