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2002 SESSION

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HB 568 Workers' compensation; disallowance of compensation.

Introduced by: Kathy J. Byron | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Workers' compensation; disallowance of compensation. Provides that clear and convincing evidence is required to overcome the presumption that an employee who either had a blood alcohol level equal to or greater than 0.08 percent or yields a positive test result for use of a nonprescribed controlled substance from a Substance Abuse and Mental Health Services Administration (SAMSHA) certified laboratory was intoxicated due to consuming alcohol or using a nonprescribed controlled substance at the time of his injury. The measure also provides that the presumption of intoxication shall not be available if the employee dies as the result of his injuries. Currently, an injury or death is not compensible under the Workers' Compensation Act if it is caused by the employee's intoxication or use of a nonprescribed controlled substance.

SUMMARY AS INTRODUCED:

Workers' compensation; disallowance of compensation. Provides that clear and convincing evidence is required to overcome the presumption that an employee who either had a blood alcohol level equal to or greater than 0.08 percent or yields a positive test result for use of a nonprescribed controlled substance from a SAMSHA certified laboratory was intoxicated due to consuming alcohol or using a nonprescribed controlled substance at the time of his injury or death. Currently, an injury or death is not compensible under the Workers' Compensation Act if it is caused by the employee's intoxication or use of a nonprescribed controlled substance.