93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4251


 
Introduced 1/29/2004, by Terry R. Parke
 
SYNOPSIS AS INTRODUCED:
 		













820 ILCS 305/11
  from Ch. 48, par. 138.11







    Amends the Workers' Compensation Act. Provides that no compensation is
payable if an
injury was caused solely by the intoxication of the employee or by the
influence of
alcohol or any narcotic drugs, barbiturates, or other stimulants not prescribed
by a
physician or by the combined influence of alcohol and any other drug or drugs
that
affected the employee to a specified extent. Contains provisions regarding
evidence,
presumptions, and measurement.



















LRB093 19789 WGH 45531 b




















 


 


A BILL FOR









 














HB4251

LRB093 19789 WGH 45531 b









1
    AN ACT concerning workers' compensation. 

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 


 
4
    Section 5. The Workers' Compensation Act is amended by 
5
changing
Section 11 as follows:


 
6
    (820 ILCS 305/11)  (from Ch. 48, par. 138.11)

7
    Sec. 11. The compensation herein provided, together with 
8
the
provisions of this Act, shall be the measure of the 
9
responsibility of
any employer engaged in any of the 
10
enterprises or businesses enumerated
in Section 3 of this Act, 
11
or of any employer who is not engaged in any
such enterprises 
12
or businesses, but who has elected to provide and pay

13
compensation for accidental injuries sustained by any employee 
14
arising
out of and in the course of the employment according to 
15
the provisions
of this Act, and whose election to continue 
16
under this Act, has not been
nullified by any action of his 
17
employees as provided for in this Act.


18
    Accidental injuries incurred while participating in 
19
voluntary
recreational
programs including but not limited to 
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athletic events, parties and picnics
do not arise out of and in 
21
the course of the employment even though the
employer pays some 
22
or all of the cost thereof.  This exclusion shall not apply
in 
23
the event that the injured employee was ordered or assigned by 
24
his employer
to participate in the program.


25
    Accidental injuries incurred while participating as a 
26
patient in a
drug
or alcohol rehabilitation program do not 
27
arise out of and in the course
of employment even though the 
28
employer pays some or all of the costs thereof.


29
    No compensation shall be payable if the injury was caused

30
solely by the intoxication of the employee, or if the injury 
31
was caused by the
influence of alcohol or any
narcotic drugs, 
32
barbiturates, or other stimulants not prescribed
by a 
 


 









HB4251
- 2 -
LRB093 19789 WGH 45531 b







1
physician,
or by the combined influence of alcohol and any 
2
other drug
or drugs that affected the employee to such an 
3
extent that the Commission
determines that the intoxication 
4
constituted a departure from employment.
Evidence of the 
5
concentration of alcohol or a
drug or combination thereof in a 
6
person's blood or breath at the time
alleged, as determined by 
7
analysis of the person's blood, urine, breath, or
other bodily 
8
substance, shall be admissible in any hearing to determine

9
compensability.  Should the employee refuse to submit to such 
10
analysis, it
shall be presumed, in the absence of substantial 
11
evidence to the contrary,
that the accident was caused by the 
12
intoxication of the employee.  If there
was at the time of the 
13
injury 0.08 percent or more by weight of alcohol in
the 
14
employee's blood or breath, it shall be presumed, in the 
15
absence of
substantial evidence to the contrary,
that the 
16
injury was caused by the
intoxication of the employee.  
17
Percentage by weight of alcohol in the blood
shall be based 
18
upon grams of alcohol per 100 milliliters of blood.  Percentage

19
by weight of alcohol in the breath shall be based upon grams of 
20
alcohol per
210 liters of breath.


21
(Source: P.A. 81-1482.)