CompFox AI Summary
The Workers' Compensation Appeals Board denied reconsideration, upholding the WCJ's finding that the applicant's injury was not caused by intoxication. The Board affirmed that the WCAB, not a physician, is the ultimate trier of fact and is not bound by the opinion of an agreed medical examiner. The WCJ's conclusion was based on the credible testimony of an investigating CHP officer who observed no signs of intoxication, and the applicant's own account of the accident, which indicated inattention rather than impairment.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied reconsideration, upholding the WCJ's finding that the applicant's injury was not caused by intoxication. The Board affirmed that the WCAB, not a physician, is the ultimate trier of fact and is not bound by the opinion of an agreed medical examiner. The WCJ's conclusion was based on the credible testimony of an investigating CHP officer who observed no signs of intoxication, and the applicant's own account of the accident, which indicated inattention rather than impairment.
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