Federal workers’ compensation attorney Alan J. Shapiro has 28 federal workers’ compensation keys to the kingdom.
If a claimant’s intoxication causes his injury, then the claim is not compensable. However, intoxication is an affirmative defense. The employer must prove that the intoxication was the proximate cause of the injury. The allegation of intoxication must be invocated at the original adjudication of the claim. In fact, the intoxication must be the sole cause of the injury.