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Case No. SBR 0335761
Regular
Feb 01, 2008

JAGDEV PANDHER vs. ROSS DISTRIBUTION, SEDGWICK CLAIMS MANAGEMENT SERVICES

Here's a summary of the case for a lawyer in three sentences: The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, upholding the finding that the applicant's hand injury was compensable. The Board found the employer failed to prove by a preponderance of the evidence that alcohol intoxication was a proximate or substantial cause of the injury. Crucially, the available blood test results were inconclusive and explicitly stated they might not be accurate, and no witnesses observed the applicant exhibiting signs of intoxication at the time of the incident.

PandherRoss DistributionSedgwick Claims Management Servicesintoxication defenseLabor Code section 3600(a)(4)proximate causepreponderance of the evidenceETOH mg/dLchain of custodyblood sample
References
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