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Smith v. Workers' Compensation Appeals Board9/21/1981
toxication does not establish that intoxication caused the accident (see Douglas Aircraft, Inc. v. Ind. Acc. Com., supra, 47 Cal. 2d 903, 906; Industrial Indemnity Co. v. Ind. Acc. Com., supra, 108 Cal. App. 2d 632) and that the record shows other factors (such as fatigue, wet road, poor visibility because of weather) which may have contributed to the accident. However, " findings of the [Industrial Accident Commission] will not be disturbed . . . where they are supported by substantial evidence, or by inferences which may fairly be drawn from the evidence." (Phoenix Indem. Co. v. Ind. Acc. Com. (1948) 31 Cal. 2d 856, 859 [193 P.2d 745]; italics added. See also Judson Steel Corp. v. Workers' Comp. Appeals Bd. (1978) 22 Cal. 3d 658, 664 [150 Cal. Rptr. 250, 586 P.2d 564].) Substantial evidence is 'such relevant evidence as a reasonable man might accept as adequate to support a conclusion.' (Estate of Teed 112 Cal. App. 2d 638, 644 . . . .") (Spurrell v. Spurrell (1962) 205 Cal. App. 2d 786, 791 [23 Cal. Rptr. 414]; Dyer v. Knue (1960) 186 Cal. App. 2d 348, 351 [8 Cal. Rptr. 753].)
Once the board found, on ample evidence, that decedent was intoxicated, the testimony of Dr. Hayes that anyone's judgment and reaction time would be impaired seriously at that blood alcohol level provides the basis for an inference that such impairment was a substantial factor in bringing about the accident. We cannot say such an inference is unreasonable. The existence of numerous circumstances that would support other, conflicting inferences is not a basis for overturning the decision. (Cal. Shipbuilding Corp. v. Ind. Acc. Com. (1946)
27 Cal. 2d 536, 541-542 [165 P.2d 669]; Riskin v. Ind. Acc. Com. (1943) 23 Cal. 2d 248, 254 [144 P.2d 16].)
The decision of the board is affirmed.
Disposition
The decision of the board is affirmed.
Judges Footnotes
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