Workers comp and intoxication

[Anna Dempsey]

Jurisdiction

California

In workers comp, can they deny claim if employee witnesses say he appears drunk and ambulance driver said he smelt alcohol. No blood test or breath test.

 

[army judge]

In workers comp, can they deny claim if employee witnesses say he appears drunk and ambulance driver said he smelt alcohol. No blood test or breath test.

THEY can do most ANYTHING they desire.
WE are powerless to resist ALL they endeavor to do to us.
THEY can deny you or approve you.
Your guess is as good as mine.

 

[adjusterjack]

In workers comp, can they deny claim if employee witnesses say he appears drunk and ambulance driver said he smelt alcohol. No blood test or breath test.

A lot depends on why and how the injury happened.

So, tell us, why and how did the injury happen?

 

[ElleMD]

Sure. Being under the influence is a common and valid reason to deny a claim. You are welcome to appeal and make your case that you were not inebriated or that the incident would have happened anyway.