This video reviews the intoxication defense to a California workers’ compensation injury. If you are an injured worker with a California injury, and don’t have an attorney, this video is intended to help provide an overview of workers’ compensation topics so you can better represent yourself.

An employer or insurance company may deny a workers’ compensation claim based on an intoxication defense per Labor Code section 3600(a)(4). That statute provides, in short, that you cannot get workers’ comp benefits if the injury was caused by intoxication by alcohol or a controlled substance. However, the employer must establish three elements for that defense to prevail. Further, the employer may be estopped (or prevented) from relying on that defense if the employer permitted or encouraged drinking or consumption of controlled substances. This video provides a general overview of this topic.

Jeremy Lusk is a certified specialist in workers’ compensation with almost two decades of experience, and previously served as a Judge at the Fresno District Office of the WCAB. He has worked out of Fresno, but appeared at numerous Boards to represent both injured workers and employers/carriers.

No attorney/client relationship is created or implied by this video. This video is not offering legal advice as to what you should, or should not, do in your workers’ compensation case, but rather offers education/information as to the California workers’ compensation system for unrepresented workers so they can better represent themselves and make more informed decisions.

If you have any questions, let us know at questions@mywcguide.com

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