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1994 SESSION

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SB 162 Workers' compensation; employee intoxication.

Introduced by: John H. Chichester | all patrons    ...    notes | add to my profiles

SUMMARY:

Workers' compensation; when not allowed; burden of proof. Provides a rebuttable presumption that an employee is not allowed workers' compensation for injury or death caused by his use of a noncontrolled prescribed substance (identified as such in Chapter 34 of Title 54.1) or alcohol if (i) in the case of a noncontrolled prescribed substance, a National Institute on Drug Abuse certified laboratory yields a positive test result or (ii) in the case of alcohol, the level is equal to or greater than the standard set forth in § 18.2-266 ( referencing the provision that specifies the blood alcohol concentration for driving while intoxicated), for persons asserting such defenses.


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