There is no question that James Tlumac was tired and under the influence of alcohol when his truck ran off Route 31 in Hopewell, N.J., in the predawn hours of March 1, 2004. The question is whether he should receive workers’ compensation benefits, since he was hauling a load of masonry for his employer at the time.

New Jersey’s Appellate Division so held, and on March 20, the employer tried to get the state Supreme Court to find error. Tlumac v. High Bridge Stone Co. Inc., A-69-05.

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