00 HOUSE BILL NO. 422                                                                                                    
01 "An Act relating to workers' compensation benefits for injuries resulting from                                          
02 consumption of alcohol or use of drugs; and providing for an effective date."                                           
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 23.30.080(a) is amended to read:                                                                  
05  (a)  If an employer fails to comply with AS 23.30.075 ,  the employer may not                                       
06 escape liability for personal injury or death sustained by an employee when the injury                                  
07 sustained arises out of and in the usual course of the employment because                                               
08   (1)  the employee assumed the risks inherent to or incidental to or                                                  
09 arising out of the employment, or the risks arising from the failure of the employer to                                 
10 provide and maintain a reasonably safe place to work, or the risks arising from the                                     
11 failure of an employer to furnish reasonably safe tools or appliances; or because the                                   
12 employer exercises reasonable care in selecting reasonably competent employees in the                                   
13 business;                                                                                                               
14   (2)  the injury was caused by the negligence of a co-employee;                                                       
01   (3)  the employee was negligent, unless it appears that the negligence                                               
02 was wilful and with intent to cause the injury or was the result of wilful  consumption                                
03 of an alcoholic beverage  [INTOXICATION] on the part of the injured party.                                             
04    * Sec. 2.  AS 23.30.120(a) is amended to read:                                                                     
05  (a)  In a proceeding for the enforcement of a claim for compensation under this                                       
06 chapter ,  it is presumed, in the absence of substantial evidence to the contrary, that                               
07   (1)  the claim comes within the provisions of this chapter;                                                          
08   (2)  sufficient notice of the claim has been given;                                                                  
09   (3)  the injury was not proximately caused by  consumption of an                                                    
10 alcoholic beverage by  the [INTOXICATION OF THE] injured employee or                                                   
11 proximately caused by the  employee's use  [EMPLOYEE BEING UNDER THE                                                  
12 INFLUENCE] of drugs [UNLESS THE DRUGS WERE TAKEN AS PRESCRIBED                                                          
13 BY THE EMPLOYEE'S PHYSICIAN];                                                                                           
14   (4)  the injury was not occasioned by the wilful intention of the injured                                            
15 employee to injure or kill self or another.                                                                             
16    * Sec. 3.  AS 23.30.235 is amended to read:                                                                        
17  Sec. 23.30.235.  Cases in which no compensation is payable.  Compensation                                           
18 under this chapter may not be allowed for an injury                                                                     
19   (1)  proximately caused by the employee's wilful intent to injure or kill                                            
20 any person;                                                                                                             
21   (2)  proximately caused by  consumption of an alcoholic beverage by                                                
22 [INTOXICATION OF] the injured employee or proximately caused by the  employee's                                        
23 use  [EMPLOYEE BEING UNDER THE INFLUENCE] of drugs unless the drugs were                                               
24 taken as prescribed by the employee's physician.                                                                        
25    * Sec. 4.  The uncodified law of the State of Alaska is amended by adding a new section                            
26 to read:                                                                                                                
27  APPLICABILITY.  This Act applies to an employee who is injured on or after the                                         
28 effective date of this Act.                                                                                             
29    * Sec. 5.  This Act takes effect July 1, 2000.