Republic Indemnity Co. v. Workers' Compensation Appeals Board

In this case the workers’ compensation trial judge denied applicant’s claim for benefits on the grounds that the applicant’s intoxication was a substantial factor in the accident which resulted in his injury.

*44 The Workers’ Compensation Appeals Board (Board) granted reconsideration and in its opinion, order and decision after reconsideration opined that the defendant employer had “not met its burden of establishing that the injury was caused by applicant’s intoxication. ” The Board then remanded the matter to the trial level for decision on the “remaining issues.” We granted employer’s petition for a writ of review.

In reviewing the decision of the Board we must determine only whether the Board’s decision is supported by substantial evidence. However, that determination must be made on the basis of the entire record “rather than by simply isolating evidence which supports the board and ignoring other relevant facts of record which rebut or explain that evidence.” (Garza v. Workmen’s Comp. App. Bd. (1970) 3 Cal.3d 312 at p. 317 [ 90 Cal.Rptr. 355 , 475 P.2d 451 ].)

When the trial judge’s decision is supported by a preponderance of the evidence, the Board should give…