Legal Opinion
Schwirse v. Director, Office of Workers' Compensation Program
Court of Appeals for the Ninth Circuit
Decided July 26, 2013No. 11-73172PublishedCited by 2 opinions
1Opinion of the Court
OPINION
N.R. SMITH, Circuit Judge:
33 U.S.C. § 903(c) precludes compensation to an injured employee if “the injury was occasioned solely by [his] intoxication.” This language precludes recovery where the intoxication of the employee was the sole “legal cause” of the injury. “Legal cause” is the causal connection in fact, which extends not only to positive and active physical forces, but also to pre-existing passive conditions. Cf. Exxon Co., U.S.A. v. Sofec, Inc., 517 U.S. 830, 837-39, 116 S.Ct. 1813, 135 L.Ed.2d 113 (1996); White v. Roper, 901 F.2d 1501, 1505-06 (9th Cir.1990). The Benefits…
2Cases cited14 opinions
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- TRW Inc. v. AndrewsSupreme Court of the United States · 2001
- Del Vecchio v. BowersSupreme Court of the United States · 1935
- Exxon Co. v. Sofec, Inc.Supreme Court of the United States · 1996
- Exxon Co., USA v. Sofec, Inc.Supreme Court of the United States · 1996
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3Cited by2 opinions
- CHECCHIA v. SOLO FUNDS, INC.District Court, E.D. Pennsylvania · 2023
- Kocher v. Director, Office of Workers' Compensation ProgramCourt of Appeals for the Ninth Circuit · 2014