Bill Text: IA SF2192 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to employee intoxication under the workers' compensation program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-02-11 - Subcommittee: Breitbach, Bisignano, and Dawson. S.J. 274. [SF2192 Detail]
Download: Iowa-2019-SF2192-Introduced.html
Senate
File
2192
-
Introduced
SENATE
FILE
2192
BY
T.
TAYLOR
A
BILL
FOR
An
Act
relating
to
employee
intoxication
under
the
workers’
1
compensation
program.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
6159XS
(3)
88
je/rn
S.F.
2192
Section
1.
Section
85.16,
subsection
2,
Code
2020,
is
1
amended
to
read
as
follows:
2
2.
a.
By
the
employee’s
intoxication,
which
did
not
arise
3
out
of
and
in
the
course
of
employment
but
which
was
due
4
to
the
effects
of
alcohol
or
another
narcotic,
depressant,
5
stimulant,
hallucinogenic,
or
hypnotic
drug
not
prescribed
by
6
an
authorized
medical
practitioner,
if
the
intoxication
was
a
7
substantial
factor
in
causing
the
injury.
8
b.
For
the
purpose
of
disallowing
compensation
under
this
9
subsection
,
both
of
the
following
apply:
10
(1)
If
the
employer
shows
that,
at
the
time
of
the
injury
11
or
immediately
following
the
injury,
the
employee
had
positive
12
test
results
reflecting
the
presence
of
alcohol,
or
another
13
narcotic,
depressant,
stimulant,
hallucinogenic,
or
hypnotic
14
drug
which
drug
either
was
not
prescribed
by
an
authorized
15
medical
practitioner
or
was
not
used
in
accordance
with
the
16
prescribed
use
of
the
drug,
it
shall
be
presumed
that
the
17
employee
was
intoxicated
at
the
time
of
the
injury
and
that
18
intoxication
was
a
substantial
factor
in
causing
the
injury.
19
(2)
Once
the
employer
has
made
a
showing
as
provided
20
in
subparagraph
(1),
the
burden
of
proof
shall
be
on
the
21
employee
to
overcome
the
presumption
by
establishing
that
the
22
employee
was
not
intoxicated
at
the
time
of
the
injury,
or
23
that
intoxication
was
not
a
substantial
factor
in
causing
the
24
injury.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
Under
current
law,
workers’
compensation
is
not
allowed
for
29
injury
caused
by
an
employee’s
intoxication,
which
did
not
30
arise
out
of
and
in
the
course
of
employment
but
which
was
31
due
to
the
effects
of
alcohol
or
certain
substances,
if
the
32
intoxication
was
a
substantial
factor
in
causing
the
injury.
33
If
the
employer
shows
that,
at
the
time
of
the
injury
or
34
immediately
following
the
injury,
the
employee
had
positive
35
-1-
LSB
6159XS
(3)
88
je/rn
1/
2
S.F.
2192
test
results
reflecting
the
presence
of
alcohol,
or
certain
1
other
substances,
it
is
presumed
under
current
law
that
2
the
employee
was
intoxicated
at
the
time
of
the
injury
and
3
that
intoxication
was
a
substantial
factor
in
causing
the
4
injury.
The
employee
then
has
the
burden
to
disprove
either
5
presumption.
This
bill
strikes
both
presumptions.
6
-2-
LSB
6159XS
(3)
88
je/rn
2/
2
