HOUSE BILL 356

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Dennis J. Roch

AN ACT

RELATING TO WORKERS' COMPENSATION; PROHIBITING COMPENSATION UNDER THE WORKERS' COMPENSATION ACT IF THE WORKER IS UNDER THE INFLUENCE OF ALCOHOL OR ILLEGAL DRUGS, WHETHER OR NOT THE CAUSE OF THE INJURY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 52-1-11 NMSA 1978 (being Laws 1929, Chapter 113, Section 8, as amended) is amended to read:

     "52-1-11. INJURIES [DUE TO INTOXICATION] TO AN INTOXICATED WORKER OR CAUSED BY THE WILLFULNESS OR INTENTION OF WORKER ARE NONCOMPENSABLE.--No compensation shall become due or payable from any employer under the terms of the Workers' Compensation Act [in event such injury was occasioned by the intoxication of such worker or] if:

          A. the worker was intoxicated at the time of the injury;

          B. the injury was willfully suffered by [him] the worker; or

          C. the injury was intentionally inflicted by [himself] the injured worker."

     SECTION 2. Section 52-1-12 NMSA 1978 (being Laws 1971, Chapter 55, Section 1, as amended) is amended to read:

     "52-1-12. COMPENSATION PROHIBITED WHEN WORKER UNDER INFLUENCE OF CERTAIN DRUGS.--No compensation is payable from any employer under the provisions of the Workers' Compensation Act if, at the time of the injury, the [injury to the] person claiming compensation was [occasioned solely by the person being] under the influence of a [depressant, stimulant or hallucinogenic] dangerous drug as defined in the New Mexico Drug, Device and Cosmetic Act or under the influence of a [narcotic drug as defined in] controlled substance, as listed in Schedule I or II of the Controlled Substances Act, unless the drug was dispensed to the person upon the prescription of a practitioner licensed by law to prescribe the drug or administered to the person by any person authorized by a licensed practitioner to administer the drug."

     SECTION 3. Section 52-1-12.1 NMSA 1978 (being Laws 2001, Chapter 87, Section 1) is amended to read:

     "52-1-12.1. [REDUCTION IN COMPENSATION WHEN ALCOHOL OR DRUGS CONTRIBUTE TO INJURY OR DEATH] ADMISSIBLE TEST RESULTS.--[The compensation otherwise payable a worker pursuant to the Workers' Compensation Act shall be reduced ten percent in cases in which the injury to or death of a worker is not occasioned by the intoxication of the worker as stated in Section 52-1-11 NMSA 1978 or occasioned solely by drug influence as described in Section 52-1-12 NMSA 1978, but voluntary intoxication or being under the influence of a depressant, stimulant or hallucinogenic drug as defined in the New Mexico Drug, Device and Cosmetic Act or under the influence of a narcotic drug as defined in the Controlled Substances Act, unless the drug was dispensed to the person upon the prescription of a practitioner licensed by law to prescribe the drug or administered to the person by any person authorized by a licensed practitioner to administer the drug, is a contributing cause to the injury or death.] For purposes of Section 52-1-11 or 52-1-12 NMSA 1978, test results used as evidence of intoxication or drug influence shall not be considered in making a determination of intoxication or drug influence unless the test and testing procedures conform to the federal department of transportation "procedures for transportation workplace drug and alcohol testing programs" and the test is performed by a laboratory certified to do the testing by the federal department of transportation."

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