Can intoxication be a factor in denying a worker's compensation claim?
California, United States of America
The following excerpt is from Republic Indemnity Co. v. Workers' Comp. Appeals Bd., 138 Cal.App.3d 42, 187 Cal.Rptr. 636 (Cal. App. 1982):
We acknowledge that generally the fact of intoxication standing alone is not a sufficient basis for denying worker's compensation benefits. There must be proof by the employer that the intoxication was a substantial factor in causing the injury. (Smith v. Workers' Comp. Appeals Bd., supra.)
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