A toxicologist's opinion that an injury accident would not have occurred if not for the claimant's intoxication is competent evidence, the Pennsylvania Commonwealth Court has ruled in an opinion not reported.
Martin Ragan in Ragan v. Workers' Compensation Appeal Board, No. 2187 C.D. 2005 (7/31/06), questioned whether an expert opinion calculating a .213% blood alcohol concentration level at the time of Ragan's work-related accident was competent evidence.
The trial court accepted the testimony and set aside a notice of compensation payable (NCP).
Ragan also asked whether the expert opinion...
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