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1997 SESSION

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970615297
HOUSE BILL NO. 2337 Offered January 17, 1997 A BILL to amend and reenact § 65.2-306 of the Code of Virginia, relating to workers' compensation; when compensation not allowed. ---------- Patron-- Hull ---------- Referred to Committee on Labor and Commerce ----------

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 (§ 54.1-3400 et seq.) of Title 54.1.

B. An employer shall not be entitled to claim the benefits of this Act if an employee's injury or death is caused by:

1. The employer's willful misconduct;

2. The employer's attempt to injure or kill the employee;

3. The employer's intoxication;

4. The employer's willful failure or refusal to supply a safety appliance or perform a duty required by statute;

5. The employer's willful breach of any reasonable rule or regulation adopted by the employer; or

6. The employer's use of a nonprescribed controlled substance identified as such in Chapter 34 ( 54.1-3400 et seq.) of Title 54.1.

B. C. The person or entity asserting any of the defenses in this section shall have the burden of proof with respect thereto. However, if the employer raises as a defense the employee's intoxication or use of a nonprescribed controlled substance identified as such in Chapter 34 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.