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PanelQMEMed-legalRemanded

Boxall, Ryan

RYAN BOXALL, Applicant vs. FLYERS ENERGY TRANSPORTATION; MIDWEST EMPLOYERS CASUALTY COMPANY; administered by GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number: ADJ11522221
Decision date: Apr 17, 2024
District office: San Bernardino
WCJ: —
Claim administrator: Gallagher Bassett Services, Inc. (administering for Midwest Employers Casualty Company)
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: brain, head, neck, back, shoulders, knee, psyche

LC §3600LC §5705LC §3202.5LC §4050

Summary

Applicant Ryan Boxall, a truck driver, suffered serious injuries including a brain/skull injury in a single-vehicle accident on February 14, 2018, when his company truck collided with parked vehicles. A post-accident urine drug screen was positive (unconfirmed) for cocaine at 1655 ng/ml. The WCJ found applicant was intoxicated and that intoxication proximately caused the accident, barring the claim under Labor Code section 3600(a)(4). On reconsideration, the WCAB found the toxicology reporting was not substantial medical evidence and that defendant failed to prove either intoxication at the time of injury or that intoxication proximately caused the accident. The Board rescinded the F&O and remanded for further development of the record.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.