Ariz. Wants to Deny Workers’ Comp Benefits to Those Who Test Positive for Drugs, Alcohol

February 10, 2006

Arizona lawmakers have preliminary approved a bill and constitutional amendment that would deny workers’ compensation benefits to employees injured or killed on the job who test positive for alcohol or illegal drugs.

Workers who have drugs or alcohol in their systems are presumed to have caused their own injuries, meaning they would be ineligible for benefits unless the employee or survivors can prove that the substsances did not lead to the injury or death, according to Rep. John McCormish.

Before the bill is enacted it must pass through a roll-call vote in the House, pass the Senate and be signed by the governor. The constitutional amendment also must go to voters to be enacted.

Topics Workers' Compensation

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Latest Comments

  • February 13, 2006 at 11:07 am
    Anon says:
    Sam, your example seems like a clear case as the impairement obviously could have been proved through a blood test. The law is way to loosey goosey the way the article portray... read more
  • February 13, 2006 at 9:01 am
    stat guy says:
    I remember the ruling in Grammatico and it was not the case that this law seeks to correct. Grammatico\'s drug use did not cause his injury but the toxicology report was used... read more
  • February 10, 2006 at 2:02 am
    Chuck says:
    Thanks for the add\'l info. I would really love to know the extent of the impairment though. It would put it all in perspective. I think the legislature is doing the right thi... read more

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