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The Workers' Compensation Appeals Board granted reconsideration to amend a finding regarding intoxication. While the initial judge found the applicant sustained an industrial injury, the defendant contested this, arguing the applicant's DUI plea barred recovery under Labor Code section 3600(a)(4). The Board affirmed the industrial injury finding but amended the specific finding to state the defendant failed to meet its burden of proof in establishing intoxication as a proximate cause. The Board gave significant weight to the trial judge's credibility determination and the applicant's argument that a nolo contendere plea to a misdemeanor is not an admission in civil cases.
JESSIE BURKE vs. AP EXPRESS WORLDWIDE LLC, STATE COMPENSATION INSURANCE FUND is a workers' compensation case decided in . This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in .
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to amend a finding regarding intoxication. While the initial judge found the applicant sustained an industrial injury, the defendant contested this, arguing the applicant's DUI plea barred recovery under Labor Code section 3600(a)(4). The Board affirmed the industrial injury finding but amended the specific finding to state the defendant failed to meet its burden of proof in establishing intoxication as a proximate cause. The Board gave significant weight to the trial judge's credibility determination and the applicant's argument that a nolo contendere plea to a misdemeanor is not an admission in civil cases.
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