SCS HB 422(L&C): "An Act relating to workers' compensation benefits for injuries resulting from consumption of alcohol or use of drugs; and providing for an effective date."
00SENATE CS FOR HOUSE BILL NO. 422(L&C) 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 consumption of an alcoholic beverage [INJURY WAS NOT 10 PROXIMATELY CAUSED] by the [INTOXICATION OF THE] injured employee or 11 [PROXIMATELY CAUSED BY] the employee's use [EMPLOYEE BEING UNDER 12 THE INFLUENCE] of drugs was not the dominant cause of the injury [UNLESS 13 THE DRUGS WERE TAKEN AS PRESCRIBED BY THE EMPLOYEE'S 14 PHYSICIAN]; 15 (4) the injury was not occasioned by the wilful intention of the injured 16 employee to injure or kill self or another. 17 * Sec. 3. AS 23.30.235 is amended to read: 18 Sec. 23.30.235. Cases in which no compensation is payable. Compensation 19 under this chapter may not be allowed for an injury 20 (1) proximately caused by the employee's wilful intent to injure or kill 21 any person; 22 (2) if consumption of an alcoholic beverage [PROXIMATELY 23 CAUSED] by [INTOXICATION OF] the injured employee or [PROXIMATELY 24 CAUSED BY] the employee's use [EMPLOYEE BEING UNDER THE INFLUENCE] 25 of drugs was the dominant cause of the injury, unless the drugs were taken as 26 prescribed by the employee's physician. 27 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section 28 to read: 29 APPLICABILITY. This Act applies to an employee who is injured on or after the 30 effective date of this Act. 31 * Sec. 5. This Act takes effect July 1, 2000.