A federal appeals court reversed a $575,000 award, ruling insurers aren’t liable when a workplace injury is followed by a fatal illegal drug overdose.
On November 13, 2025, the United States Court of Appeals for the Fifth Circuit issued its decision in the case involving the estate of Bosit Bommarito, a welder who was injured while constructing a launch site on the Mississippi River. Bommarito was struck by a defective crane hook – lacking a required safety latch – which caused him to fall nine to 12 feet and sustain a concussion, a fractured eye socket, and a displaced cervical disk. He underwent surgery and continued to experience pain during his recovery.
After his prescribed opioid medications ran out, Bommarito attempted to manage his pain with over-the-counter medication. According to testimony, his mother, a retired nurse, tried to obtain an earlier appointment with a physician for him, but was unsuccessful. The day after her attempt, Bommarito died from an overdose of street fentanyl mixed with Xylazine, a drug not prescribed for human use. An autopsy revealed his blood contained more than six times the lethal dose of fentanyl. There was no evidence he had a history of illegal drug use prior to this incident.
Bommarito’s estate brought claims against Belle Chasse Marine Transportation, Belle Chasse Land Transportation, and Talisman Casualty Insurance Company, arguing that his death was traceable to the workplace accident. The district court found the companies liable for vessel negligence under the Longshore and Harbor Workers’ Compensation Act and awarded $575,668.09 in damages to Bommarito’s children and mother.
On appeal, the Fifth Circuit reversed the damages award. The court held that Bommarito’s ingestion of illegal drugs was a superseding cause of death, not traceable to his work injury. The court stated that the overdose was not a foreseeable result of the workplace accident and that liability did not extend to deaths caused by voluntary, illegal drug use after medical treatment for a work-related injury had ended. The court found that, under the circumstances, the cause of Bommarito’s death was ingestion of the drugs found in his system, and this was not traceable to the liability of Belle Chasse Marine for the injuries he sustained while working, even if he continued to experience pain from his work-related injuries.
The case was remanded for further proceedings consistent with the appellate opinion, and the decision is not yet final.
For insurance professionals, the ruling clarifies that liability for workplace injuries does not extend to unrelated, post-injury events such as illegal drug use. The case provides guidance on the boundaries of insurer responsibility in workplace fatality claims, especially in situations where subsequent, independent actions break the chain of causation.
