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Case No. ADJ10450656
Regular
Sep 27, 2017

ALEX RONALD PADILLA vs. INTERNATIONAL PAPER COMPANY

The Workers' Compensation Appeals Board denied the petition for reconsideration. The Board affirmed the WCJ's finding that the applicant's injury was not barred by the defense of intoxication. While drug tests showed the applicant tested positive for controlled substances, there was insufficient medical or expert evidence to prove intoxication or impairment at the time of the injury. The WCJ's credibility determinations, particularly regarding the applicant's testimony about his intoxication level and the employer's failure to present conclusive evidence, were given great weight.

ADJ10450656Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ credibility determinationintoxication defenseaffirmative defenseburden of proofcontrolled substancesdrug screen reportssurveillance film
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