SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
LD1268629Patrons--Chichester, Calhoun, Goode, Hawkins, Holland, C.A., Holland, E.M., Holland, R.J., Houck, Marye, Norment, Potts, Reasor, Robb, Schewel, Stolle, Stosch, Trumbo and Wampler
Be it enacted by the General Assembly of Virginia:
1. That § 65.2-306 of the Code of Virginia is amended and reenacted as follows:
§ 65.2-306. When compensation not allowed for injury or death; burden of proof.
A. No compensation shall be awarded to the employee or his dependents for an injury or death caused by:
1. The employee's willful misconduct or intentional self-inflicted injury;
2. The employee's attempt to injure another;
3. The employee's intoxication;
4. The employee's willful failure or refusal to use a safety appliance or perform a duty required by statute;
5. The employee's willful breach of any reasonable rule or regulation adopted by the employer and brought, prior to the accident, to the knowledge of the employee; or
6. The employee's use of a nonprescribed controlled substance identified as such in Chapter 34 of Title 54.1.
B. The person or entity asserting any of the defenses in this section shall
have the burden of proof with respect thereto. However, where the employer
raises as a defense the employee's intoxication [ , a blood alcohol
factor of 0.10 shall constitute a rebuttable presumption of the employee's
intoxication. or use of a nonprescribed controlled substance
identified as such in Chapter 34 (§ 54.1-3400, et seq.) of Title 54.1, and
there was at the time of the injury or death an amount of alcohol or
nonprescribed controlled substance in the bodily fluids of the employee which
(i) is equal to or greater than the standard set forth in § 18.2-266, or (ii)
in the case of use of a nonprescribed controlled substance, yields a positive
test result from a National Institute on Drug Abuse (NIDA) certified
laboratory, there shall be a rebuttable presumption that the employee was
intoxicated or using a nonprescribed controlled substance at the time of his
injury or death. ]