Cengage Advantage Books: Foundations of the Legal Environment of Business 3rd Edition by Marianne Jennings

تمرين 2

Casimer Gacioch began working for Stroh Brewery on February 24, 1947. When he began his work for Stroh, he was predisposed to alcoholism, but he had not yet become an uncontrolled alcoholic.
Beer was provided free at the brewery and was available to all employees on the job at "designated relief areas." This availability had been negotiated through a collective bargaining agreement. Employees could drink beer during their breaks and at lunch with no limit on the amount.
Mr. Gacioch did not drink at home during the week but drank three or four bottles of beer on the weekend. At work he drank 12 bottles a day. He was not a test taster; he ran a machine that fed cases of beer to a soaker.
In 1973, Stroh Brewery noticed Mr. Gacioch's drinking problem and required him to sign an agreement stating that he could no longer drink on the job. He continued to drink, and seven months after the first agreement he signed a second agreement not to drink on the job. He again continued to drink, was intoxicated on the job, and could not perform his work.
He was fired on August 30, 1974. Mr. Gacioch filed for workers' compensation on the grounds that he was an alcoholic as a result of his work. Should Stroh's be required to pay for Mr. Gacioch's disability? [ Gacioch v. Stroh Brewery Co., 396 N.W.2d 1 (Mich. 1990).