Griffith, Shervil

Decedent Shervil Griffith, a computer data technician on a business trip as a commercial traveler, was struck and killed by a tow truck while crossing a dark, unlit four-lane road mid-block adjacent to his hotel at 12:53 a.m. The defendant raised an intoxication defense under Labor Code section 3600(a)(4), relying on a toxicology report showing PCP (600 ng/mL), THC, alcohol (0.059 g/100mL), and other substances, plus a QME report from Dr. Bruce Gillis and the Maricopa County Sheriff's report. The WCJ found, and the Appeals Board affirmed, that defendant failed to meet its two-prong burden of proving (1) that decedent was intoxicated and (2) that intoxication was a proximate or substantial cause of the accident. The Board found the QME's opinion lacked probative value because it mischaracterized the toxicology report (which stated there is no established relation between plasma PCP levels and degree of intoxication), and there was no evidence of decedent's demeanor or impairment at the time. The Board denied reconsideration, holding death benefits payable to applicants.