United States Ninth Circuit
Schwirse v. Director, Office of Workers' Compensation Program, 11-73172
The Benefits Review Board properly affirmed the administrative law judge's (ALJ) denial of petitioner's claim for compensation under the Longshore and Harbor Workers' Compensation Act due to intoxication, where: 1) the Board did not err in interpreting 33 U.S.C. section 903(c) of the Act, which bars compensation if an "injury was occasioned solely by" the intoxication of the employee; and 2) the Board correctly concluded that substantial evidence in the record supported the ALJ’s conclusion that petitioner's employer rebutted the statutory presumption that intoxication was not the sole cause of petitioner's injury.
Appellate Information
- Decided 07/26/2013
- Published 07/26/2013
Judges
- SMITH
Court
- United States Ninth Circuit