An employee is in the break room drinking vodka. A conveyor falls, injuring him; the doctor says the employee was intoxicated. You should:

• A. Accept the claim.
• B. Deny the claim.
• C. Obtain a copy of the blood alcohol report and deny the claim.
• D. Deny the claim due to intoxication.

Answer: (D)

In California workers’ compensation, intoxication at the time of the injury can bar benefits if the intoxication contributed to the accident. Here, the employee was in the break room drinking vodka and the doctor confirms intoxication when the conveyor fell. Because the injury occurred while the employee was intoxicated, the claim can be denied on that basis. The physician’s finding provides a solid basis to deny without needing to obtain additional BAC evidence first. The other options either overlook the intoxication defense, rely on a generic denial, or propose an extra step that isn’t necessary given the doctor’s report.