CompFox AI Summary
The Workers' Compensation Appeals Board denied the petition for reconsideration. The Board affirmed the WCJ's finding that the applicant's injury was not barred by the defense of intoxication. While drug tests showed the applicant tested positive for controlled substances, there was insufficient medical or expert evidence to prove intoxication or impairment at the time of the injury. The WCJ's credibility determinations, particularly regarding the applicant's testimony about his intoxication level and the employer's failure to present conclusive evidence, were given great weight.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the petition for reconsideration. The Board affirmed the WCJ's finding that the applicant's injury was not barred by the defense of intoxication. While drug tests showed the applicant tested positive for controlled substances, there was insufficient medical or expert evidence to prove intoxication or impairment at the time of the injury. The WCJ's credibility determinations, particularly regarding the applicant's testimony about his intoxication level and the employer's failure to present conclusive evidence, were given great weight.
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