Workers comp revoked for UPS driver who drunkenly crashed into guardrail

A judge has ruled a truck driver ineligible for workers compensation following a drunken crash back in 2021. 

Truck driver Timothy Willis crashed his UPS semi truck into a guardrail in Baltimore County, Maryland, in June 2021. Just last week, a judge ruled that Willis was ineligible for worker’s compensation, despite being initially awarded compensation by Delaware’s Industrial Accident Board.

According to NBC Philadelphia, Willis was heading back to Delaware to drop off his semi truck after a shift when he crashed into a guardrail at about 4 a.m. Officers who responded to the scene witnessed Willis throw several beer cans out of his truck. Willis also reportedly exhibited slurred speech, was sweating profusely, smelled of alcohol, and had defecated on himself. Officers found several Miller Lite cans inside of the truck, as well as some in a cooler. 

Willis then refused a field sobriety test, but two blood tests taken several hours later registered blood alcohol levels of  0.19 and 0.181, over twice the legal limit. He was charged with DUI but was never convicted due to entering a “probation before judgment” agreement. 

During his worker’s compensation hearing, the Industrial Accident Board did not consider the blood alcohol tests because they were not properly authenticated. Willis was awarded compensation, because the accident occurred at a time when he was reasonably expected to work. They also decided that his violation of UPS’ zero-tolerance policy did not mean that the accident was “outside the course and scope of employment.”

Additionally, the board noted that the light beer found in his truck had a lower alcohol content than other alcoholic beverages, and that it was unclear at what time he had been drinking. The board also chose to believe Willis’ claims that he had swerved to miss a deer. 

Superior Court Judge Kathleen Vavala has since ruled that Willis was not eligible to receive compensation. 

“Voluntary intoxication while working deviates from the ordinary course of employment,” Vavala stated. 

“Willis typically packs a cooler of beers to celebrate the end of his shift while driving back home; but on the day of the crash, he started early,” Vavala wrote. “Willis admitted he usually drinks beer and drives on the way home from work; attended AA meetings to curb his drinking; and was drinking and driving sometime before the crash,” the judge continued.

“A truck driver cannot reasonably drink, nor is he expected to drink, alcohol while operating a semi-trailer weighing thousands of pounds on curving back roads at close to four in the morning,” Vavala wrote. “Such conduct not only violates company policy — it is also prohibited by law.”

“Finally, to affirm the board’s decision would set a dangerous precedent that employees can get away with driving impaired on the job — as long as it’s light beer — despite overwhelming evidence to the contrary,” Vavala concluded.

It is unclear if Willis is still employed with UPS.