An employee is in the break room drinking vodka. A conveyor falls seriously injuring him and the doctor at the hospital 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: (A)

Intoxication at the time of an on‑the‑job injury does not automatically bar workers’ compensation benefits. The key question is whether the injury arose out of and in the course of employment, and whether intoxication was the proximate cause of the injury. In this scenario, the injury occurred due to a conveyor falling at work, which is a work-related incident. The fact that the employee was intoxicated does not by itself prove the injury wasn’t work‑related or that benefits should be denied; benefits are typically payable while the claim is evaluated.

If later evidence shows that intoxication was the sole cause of the accident, a different defense could be explored, but at the outset the claim should be accepted so the employee can receive medical treatment and disability benefits as appropriate. Obtaining a blood alcohol report is a part of investigation, not a prerequisite to denial, and should not delay accepting the claim.