Legislature(1999 - 2000)
04/18/2000 02:04 PM Senate L&C
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 422-WORKERS' COMPENSATION:DRUGS & ALCOHOL
CHAIRMAN MACKIE stated HB 422 was heard at a previous committee
hearing but was held because Senator Donley had concerns about the
proximate cause of injuries that occur on the job.
Number 519
SENATOR DONLEY asked what the outcome would be if a person was
excluded from workers' compensation coverage because of proximate
cause.
MR. PAUL GROSSI, Director of the Division of Workers' Compensation,
Department of Labor & Workforce Development (DOLWD), stated Mr.
Walters will answer Senator Donley's questions.
SENATOR DONLEY asked what the definition of "proximate cause" is in
workers' compensation claims.
MR. WILLIAM WALTERS, Chief of Adjudications for the Division of
Workers' Compensation, DOLWD, stated "proximate cause" is defined
as the substantial cause of an accident.
SENATOR DONLEY asked if, under HB 422, intoxication was a cause of
an injury but the majority of the causation was from other factors,
whether an employee would be excluded from workers' compensation
coverage.
MR. WALTERS stated HB 422 does not change the standard for
intoxication at the workplace.
SENATOR DONLEY stated the standard under present law is
intoxication which is a higher standard than consumption. A person
may have consumed alcohol but not be intoxicated so the alcohol may
not have been a dominant cause. If another person was intoxicated
and alcohol was the major cause of the accident, the person who had
merely consumed alcohol is out of luck. He asked where that
employee turns if kicked out of the workers' compensation system
because of the accident.
CHAIRMAN MACKIE asked whether a person who consumed two beers and,
while on the work premises, was severely injured when a pallet fell
off of a vehicle driving by, would be denied a workers'
compensation claim.
MR. WALTERS replied the person would not lose benefits if it was
proven that the alcohol consumed was not a factor and the person
was not impaired.
CHAIRMAN MACKIE asked if Mr. Walters could think of a scenario in
which a person had consumed alcohol and was involved in an accident
and would be denied workers' compensation.
MR. WALTERS stated any person involved in an accident who was
impaired would be denied workers' compensation.
CHAIRMAN MACKIE stated it would have to be proven that the
impairment from the alcohol was the proximate cause of the
accident.
SENATOR DONLEY stated there can be more than one proximate cause of
an accident. If one of the events or causes involves the
consumption of alcohol, that person is denied workers'
compensation.
CHAIRMAN MACKIE asked if the intent of HB 422 is to give an
employer who has a zero tolerance policy the ability to show that
the consumption of alcohol was the cause of an accident versus
having to prove absolute intoxication of an employee.
MR. WALTERS stated those scenarios are hypothetical. The outcome
would be different if an employer was trying to prove intoxication
versus consumption and which of the two was the proximate cause of
an accident.
SENATOR DONLEY stated that a better standard might be to shift from
intoxication to consumption and that consumption was not the
dominant cause of the injury. After the situation has been
assessed, consumption of alcohol may not be the only factor of
proximate cause. He asked what happens to people who are denied
workers' compensation coverage.
MR. WALTERS stated a situation with many proximate causes, one
being alcohol consumption but not intoxication, should be turned
over to the Superior Court for a ruling on Workers' Compensation.
SENATOR DONLEY stated that would be a good safety valve if it were
part of HB 422. If 51 percent of the proximate cause was a factor
other than the consumption of alcohol, that person could pursue
workers' compensation or damages.
CHAIRMAN MACKIE asked if Mr. Walters could see a potential problem
dealing with HB 422 if it passes.
MR. WALTERS replied if HB 422 passes, it should not affect the
workload.
SENATOR DONLEY moved a conceptual amendment (Amendment 1) as
follows:
on page 2, delete lines 9 and 10 and insert, on line 9, "the
consumption of an alcoholic beverage, injury was not
proximately caused by the intoxication of the injured employee
or".
SENATOR LEMAN objected. The motion carried with Senators Hoffman,
Donley, and T. Kelly voting "Yea," and Senators Leman and Mackie
voting "Nay."
SENATOR LEMAN moved SCSHB 422 (L&C) from committee with individual
recommendations and accompanying fiscal notes. Without objection,
the motion carried.
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