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Panzau v. JDLB8/9/2005
Sarah Panzau appeals the Labor and Industrial Relations Commission's decision that her injuries did not arise out of or in the course of her employment. We affirm.
I. BACKGROUND
Panzau was seriously injured in a one-vehicle accident just before 4:30 a.m. on a Saturday. Blood taken from her at the hospital shortly after the accident showed that her blood alcohol level was .306 milligrams per deciliter. The parties have stipulated that her alcohol intoxication was a substantial factor in causing the accident. Panzau was employed by JDLB, Inc., doing business as DB's Sports Bar, as a waitress, hostess and bartender. On the day before the accident, Panzau worked from 10:00 a.m. to 3:00 p.m. After clocking out, she left DB's and met up with friends at a different bar at 6:00 p.m. Panzau had two alcoholic drinks, and then she and her friends took a shuttle bus to the Cardinals baseball game. She had another drink on the bus and beer at the game.
Panzau and her friends left the game early and went to DB's, arriving around 10:00 p.m. An employee testified that Panzau was stumbling and yelling and appeared drunk. Panzau and her friends sat down to eat, and a beer was ordered for Panzau. One of DB's owners told Panzau that she was drunk and would not be served alcohol; he told the staff not to serve her alcohol. After Panzau and her friends finished eating, they left DB's and went to another bar in the area. Panzau testified that she has memory blackouts from the evening, particularly from this time on. There was other testimony, however, that Panzau consumed two or three beers and two or three shots of alcohol at the other bar. They stayed there for approximately ninety minutes.
Panzau returned to DB's around 1:30 a.m. A few witnesses testified that she looked more sober at this time than she had earlier. Panzau sat with two of the owners and a group of the owners' friends, all of whom were at DB's socially. Neither of the owners was working at that point. They did not encourage Panzau to sit with them; in fact, both were concerned that she may embarrass herself and them and felt that she imposed on their group. According to witnesses, Panzau drank only water while at the owners' table. At one point, one of the owners ordered drinks for his friends, but not for Panzau, and Panzau voluntarily carried the tray of drinks from the bar to the table. Panzau did not receive -- nor did she expect -- any compensation for that act. DB's customers Panzau returned to DB's around 1:30 a.m. A few witnesses testified that she looked more sober at this time than she had earlier. Panzau sat with two of the owners and a group of the owners' friends, all of whom were at DB's socially. Neither of the owners was working at that point. They did not encourage Panzau to sit with them; in fact, both were concerned that she may embarrass herself and them and felt that she imposed on their group. According to witnesses, Panzau drank only water while at the owners' table. At one point, one of the owners ordered drinks for his friends, but not for Panzau, and Panzau voluntarily carried the tray of drinks from the bar to the table. Panzau did not receive -- nor did she expect -- any compensation for that act. DB's customers commonly carried their orders from the bar to their tables if the staff was busy. In the course of the evening, Panzau persuaded one of the owners to consume a shot of alcohol from her belly. Panzau did not drink any alcohol herself during this activity.
The owners and their group left DB's at 2:45 a.m., 15 minutes before closing time. Panzau also left, as one of the owners had instructed, but returned while the staff was closing the bar. During the closing proced
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