Sebastian Garcia — ADJ11636909

Sebastian Garcia fell from a 10-foot ladder while working as a telecom trainee/technician for Rex Signature Services on October 10, 2018, sustaining injuries to his left foot, left ankle, and right knee. The sole trial issue was injury AOE/COE, with defendant asserting the intoxication defense under Labor Code section 3600(a)(4) based on a positive post-injury THC test. The WCAB granted reconsideration solely to issue proper Findings of Fact per section 5313, rescinding the WCJ's March 19, 2021 order and substituting new findings affirming industrial injury and rejecting the intoxication defense. The Board found defendant failed to introduce any toxicology report into evidence and that PQME orthopedic surgeon Dr. Lewis's opinion on intoxication was not substantial medical evidence because he lacked toxicology credentials and applied an incorrect legal standard. The Board upheld the WCJ's credibility determination that applicant credibly testified he last smoked marijuana approximately four days before the injury and was not intoxicated.