An Act To Expand and Clarify the Disqualification from Workers' Compensation Benefits of an Employee Who Is Injured While Under the Influence of Drugs or Alcohol

Sec. 1. 39-A MRSA §202,  as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is amended to read:

§ 202. Injury or death due to willful intention or intoxication

Compensation or other benefits are not allowed for the injury or death of an employee when it is proved that the injury or death was occasioned by the employee's willful intention to bring about the injury or death of the employee or of another, or that the injury or death resulted from the employee's intoxication employee was intoxicated from use of an illegal drug, marijuana or alcohol while on duty when the injury or death occurred. This provision as to intoxication does not apply if the employer knew at the time of the injury that the employee was intoxicated or that the employee was in the habit at that time of becoming intoxicated while on duty.

summary

Under current law, workers' compensation benefits are not allowed for the injury or death of an employee when the injury or death was caused by the employee's intoxication. This bill eliminates that provision and instead disallows benefits for an employee who was intoxicated at the time of the injury or death. This bill also clarifies that intoxication includes intoxication from an illegal drug, marijuana or alcohol.