A foreman and coworkers are drinking on the loading dock after work ends at 5 pm. A coworker is injured when he backs his truck into something while leaving because he was intoxicated. Is the injury compensable?

• A. Yes because of the compensable consequences rule.
• B. Yes because the drinking was authorized by the foreman.
• C. No because the alcohol was a proximate cause of the injury.
• D. No because the injury was caused by the intoxication of the employee.

Answer: (D)

In California workers’ compensation, injuries caused by the employee’s own intoxication are not compensable because the intoxication is a personal risk that breaks the link to employment. Here, the injury happened while the employee was intoxicated, and backing a truck after drinking shows the proximate cause of the accident is the intoxication, not the work activity itself. The fact that drinking occurred on the job or was even allowed by a supervisor does not convert the injury into a work-related risk.

The compensable consequences rule wouldn’t apply here because the primary cause is the employee’s intoxication, not an initial compensable injury that later led to other harm. And while one might note that alcohol was involved, the key point is that the injury stems from the employee’s intoxication, which the law bars from coverage.