If a claimant was intoxicated due to medication or alcohol, then this provides a basis for denial of the claim. 

However, the law says that intoxication is an affirmative defense – that means that the employer must prove, by a preponderance of the evidence, that the accident was caused by the alcohol or drugs. Furthermore, the employer must raise the issue in a timely manner. 

Usually, this defense by the employer is not effective.

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