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Pacesetter Corp. v. Collett5/10/2001
laimant from the employment relationship); Wild West Radio, Inc. v. Industrial Claim Appeals Office, supra (claimant injured in a one-car accident while intoxicated had deviated from scope of employment, but evidence supported determination that the deviation had concluded at the time of the accident).
Further, although claimant maintained that he turned around shortly after his departure when he realized he was intoxicated and was heading toward the motel when the accident occurred, he had previously stated to an adjuster both that he was unable to remember where he was going at the time of the accident and that he thought he was proceeding to make sales calls.
The ALJ may rely upon circumstantial evidence to find that a claimant has satisfied the burden of proving that a personal deviation has ended. See Mohawk Rubber Co. v. Claimants, 165 Colo. 526, 440 P.2d 785 (1968)(evidence that decedent was killed in his car while alone at an intersection ten blocks from his home and heading in the direction of home, while not direct evidence, permitted a reasonable inference that he was within the course of employment, even if there had been a prior deviation earlier in the evening). Nevertheless, the ALJ may also reject uncontroverted evidence. See Cary v. Chevron U.S.A., Inc., 867 P.2d 117 (Colo. App. 1993). We are bound by the ALJ's factual determinations, even when the evidence is conflicting and would have supported a contrary result. See Metro Moving & Storage Co. v. Gussert, 914 P.2d 411 (Colo. App. 1995)(not only must we defer to the ALJ's credibility determinations and the resolution of conflicts in the evidence, but we also must not substitute our judgment for that of the ALJ when two equally plausible inferences may be drawn from the evidence).
Thus, because the record supports the inferences drawn by the ALJ, we may not overturn the determination here that claimant failed to prove that he had returned to the scope of his employment at the time of the accident. See § 8-43-308, C.R.S. 2000; Sears v. Penrose Hospital, 942 P.2d 1345 (Colo. App. 1997)(we must defer to the ALJ's assessment of the sufficiency and weight of the evidence).
The order of the Panel is affirmed.
JUDGE ROTHENBERG and JUDGE STERNBERG concur.
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