CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding that the deceased sustained a compensable industrial injury causing death. The Board agreed with the WCJ that the defendant failed to prove the decedent's intoxication proximately caused the injury, despite acknowledging the decedent was intoxicated. Furthermore, the Board found substantial evidence supported the WCJ's conclusion that the death was not a suicide and that the decedent remained within the course of employment under the commercial traveler rule, even with his intoxication and the employer's zero-tolerance policy.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding that the deceased sustained a compensable industrial injury causing death. The Board agreed with the WCJ that the defendant failed to prove the decedent's intoxication proximately caused the injury, despite acknowledging the decedent was intoxicated. Furthermore, the Board found substantial evidence supported the WCJ's conclusion that the death was not a suicide and that the decedent remained within the course of employment under the commercial traveler rule, even with his intoxication and the employer's zero-tolerance policy.
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