Schwirse v. Director, OWCP, No. 11-73172 (9th Cir. 2013)Annotate this Case
Petitioner appealed the denial of benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. 901-950, for injuries he sustained after falling off a dock while attempting to urinate while intoxicated. The court concluded that an injury "occasioned solely by" intoxication means that the legal cause of the injury was intoxication, regardless of the surface material of the landing on which the intoxicated person fell; the court rejected petitioner's broad definition of the term "injury;" the Board did not err in concluding that substantial evidence supported the ALJ's conclusions; there was no error in the Board's conclusion that petitioner's employer did not have to "rule out" all other possible causes of injury in order to rebut the presumption under section 920(c); and the Board correctly concluded that the ALJ's decision to deny disability benefits, based on the record as a whole, was proper. Accordingly, the court denied the petition for review.