SB1594 96TH GENERAL ASSEMBLY

LRB096 10497 WGH 20669 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1594

Introduced 2/19/2009, by Sen. Randall M. Hultgren

SYNOPSIS AS INTRODUCED:

820 ILCS 305/11

from Ch. 48, par. 138.11

Amends the Workers' Compensation Act. Provides that an accidental injury incurred while an employee is under the influence of alcohol or certain drugs not prescribed by a physician, or a combined influence of alcohol and drugs, in violation of a work rule or an applicable provision of an employee policy manual is rebuttably presumed to not arise out of and in the course of the employee's employment and the employee is not entitled to workers' compensation benefits. Provides that evidence of the concentration of alcohol or any concentration of a drug in the employee's blood or breath at the time alleged, as determined by analysis of the employee's blood, urine, breath, or other bodily substance, is admissible in a hearing to determine compensability and serves as prima facie evidence to establish the rebuttable presumption.

A BILL FOR

AN ACT concerning employment.

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

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

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

Sec. 11. The compensation herein provided, together with the provisions of this Act, shall be the measure of the responsibility of any employer engaged in any of the enterprises or businesses enumerated in Section 3 of this Act, or of any employer who is not engaged in any such enterprises or businesses, but who has elected to provide and pay compensation for accidental injuries sustained by any employee arising out of and in the course of the employment according to the provisions of this Act, and whose election to continue under this Act, has not been nullified by any action of his employees as provided for in this Act.

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

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

Any injury to or disease or death of an employee arising from the administration of a vaccine, including without limitation smallpox vaccine, to prepare for, or as a response to, a threatened or potential bioterrorist incident to the employee as part of a voluntary inoculation program in connection with the person's employment or in connection with any governmental program or recommendation for the inoculation of workers in the employee's occupation, geographical area, or other category that includes the employee is deemed to arise out of and in the course of the employment for all purposes under this Act. This paragraph added by this amendatory Act of the 93rd General Assembly is declarative of existing law and is not a new enactment.

Accidental injuries incurred while an employee is under 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, in violation of a work rule or an applicable provision of an employee policy manual shall be rebuttably presumed to not arise out of and in the course of the employee's employment and the employee shall not be entitled to benefits pursuant to this Act. Evidence of the concentration of alcohol or any concentration of a drug or combination thereof in the employee's blood or breath at the time alleged, as determined by analysis of the employee's blood, urine, breath, or other bodily substance, shall be admissible in any hearing to determine compensability and shall serve as prima facie evidence to establish the rebuttable presumption.

(Source: P.A. 93-829, eff. 7-28-04.)