LRB-1337/1
GMM:jld:jf
2001 - 2002 LEGISLATURE
September 19, 2001 - Introduced by Representatives Ladwig, Vrakas,
Montgomery, J. Fitzgerald, Urban, Ainsworth, Starzyk, Kestell, Suder, Ott,
Albers, Nass, Musser, Grothman, Owens and Stone, cosponsored by Senators
Roessler, Schultz, Darling and Huelsman. Referred to Committee on Labor
and Workforce Development.
AB499,1,4
1An Act to amend 102.58; and
to create 102.03 (1) (dm) of the statutes;
relating
2to: adding as a condition for worker's compensation liability a condition that
3the employee's injury not result from the intoxication of the employee by alcohol
4beverages or use of a controlled substance or a controlled substance analog.
Analysis by the Legislative Reference Bureau
Under current law, an employer is liable for worker's compensation when an
employee of the employer sustains an injury while performing services growing out
of and incidental to employee's employment, the accident or disease causing the
employee's injury arises out of the employee's employment, and the injury is not
intentionally self-inflicted. Current law provides, however, that if the injury results
from the intoxication of the employee by alcohol beverages or use of a controlled
substance or a controlled substance analog the worker's compensation payable to the
employee is reduced by 15%, except that the total reduction may not exceed $15,000.
This bill eliminates the 15% or $15,000 reduction in worker's compensation
payable to an employee whose injury results from the intoxication of the employee
by alcohol beverages or use of a controlled substance or a controlled substance
analog. Instead the bill adds as a condition for any liability of an employee for
worker's compensation a condition that the employee's injury not result from the
intoxication of the employee by alcohol beverages or use of a controlled substance or
a controlled substance analog.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB499, s. 1
1Section
1. 102.03 (1) (dm) of the statutes is created to read:
AB499,2,52
102.03
(1) (dm) Where the injury does not result from the intoxication of the
3employee by alcohol beverages, as defined in s. 125.02 (1), or use of a controlled
4substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in
5s. 961.01 (4m).
AB499, s. 2
6Section
2. 102.58 of the statutes is amended to read:
AB499,2,17
7102.58 Decreased compensation. If injury is caused by the failure of the
8employee to use safety devices
which that are provided in accordance with any
9statute or lawful order of the department and are adequately maintained, and the
10use of which is reasonably enforced by the employer, or if injury results from the
11employee's failure to obey any reasonable rule adopted and reasonably enforced by
12the employer for the safety of the employee and of which the employee has notice,
or
13if injury results from the intoxication of the employee by alcohol beverages, as
14defined in s. 125.02 (1), or use of a controlled substance, as defined in s. 961.01 (4),
15or a controlled substance analog, as defined in s. 961.01 (4m), the compensation and
16death benefit provided in this chapter shall be reduced 15% but the total reduction
17may not exceed $15,000.
AB499,3,419
(1)
Injury resulting from intoxication. This act first applies to an injury, as
20defined in section 102.01 (2) (c) of the statutes, resulting from the intoxication of an
21employee, as defined in section 102.07 of the statutes, by alcohol beverages, as
1defined in section 125.02 (1) of the statutes, or use of a controlled substance, as
2defined in section 961.01 (4) of the statutes, or a controlled substance analog, as
3defined in section 961.01 (4m) of the statutes, sustained on the effective date of this
4subsection.
