Testing Strengths, Weaknesses of an Intoxication Defense in a Workers' Comp Case

Drinking on the job hardly ever pays off and using any intoxicating substance at work can lead to the loss of workers’ compensation benefits if the injury proves to be caused by such an activity. In the context of a claim petition, the employee bears the burden of proving that they sustained a work-related injury in the course and scope of employment. If an employer wants to assert the intoxication defense, it must plead this in its answer to the employee’s claim petition. Read more here.

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