Sopher, Steve

Applicant Steve Sopher, a handyman, fell from a roof on September 22, 2021, sustaining serious injuries including a traumatic brain injury, while working for the homeowners (the Crennans). The WCJ found the injury was industrial but barred compensation under the intoxication defense (Labor Code section 3600(a)(4)), finding applicant intoxicated at a BAC of .32 and that intoxication was a proximate and substantial cause of the fall. Applicant sought reconsideration, arguing defendant failed to prove the statutory elements of the intoxication defense and that the BAC result lacked foundational reliability. The Board granted reconsideration, agreeing the intoxication finding appeared supported by substantial evidence and credibility determinations, but concluding the causation element was not adequately developed. The Board rescinded the F&O and returned the matter to the WCJ to develop the record on causation, including allowing the homeowner's testimony, obtaining witness/ambulance statements, providing AME Dr. Grodan with complete pre-injury medical records, and obtaining applicant's testimony regarding pre-injury vertigo.