093_HB1184

 
                                     LRB093 06467 WGH 06590 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
11    Act, or of any employer  who  is  not  engaged  in  any  such
12    enterprises or businesses, but who has elected to provide and
13    pay  compensation  for  accidental  injuries sustained by any
14    employee arising out of and in the course of  the  employment
15    according  to  the provisions of this Act, and whose election
16    to continue under this Act, has not  been  nullified  by  any
17    action of his employees as provided for in this Act.
18        Accidental   injuries  incurred  while  participating  in
19    voluntary recreational programs including but not limited  to
20    athletic  events, parties and picnics do not arise out of and
21    in the course of the employment even though the employer pays
22    some or all of the cost thereof.  This  exclusion  shall  not
23    apply  in  the event that the injured employee was ordered or
24    assigned by 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,
 
                            -2-      LRB093 06467 WGH 06590 b
 1    barbiturates,  or  other  stimulants  not  prescribed  by   a
 2    physician,  or  by  the combined influence of alcohol and any
 3    other drug or drugs that affected the  employee  to  such  an
 4    extent  that  the Commission determines that the intoxication
 5    constituted a departure  from  employment.  Evidence  of  the
 6    concentration  of alcohol or a drug or combination thereof in
 7    a person's blood or breath at the time alleged, as determined
 8    by analysis of the person's blood, urine,  breath,  or  other
 9    bodily  substance,  shall  be  admissible  in  any hearing to
10    determine compensability.   Should  the  employee  refuse  to
11    submit to such analysis, it shall be presumed, in the absence
12    of  substantial  evidence  to the contrary, that the accident
13    was caused by the intoxication of the employee.  If there was
14    at the time of the injury 0.08 percent or more by  weight  of
15    alcohol  in  the  employee's  blood  or  breath,  it shall be
16    presumed, in the  absence  of  substantial  evidence  to  the
17    contrary,  that  the injury was caused by the intoxication of
18    the employee.  Percentage by weight of alcohol in  the  blood
19    shall  be  based upon grams of alcohol per 100 milliliters of
20    blood.  Percentage by weight of alcohol in the  breath  shall
21    be based upon grams of alcohol per 210 liters of breath.
22    (Source: P.A. 81-1482.)