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NJ S1693

NJ S1693
Prevents intoxicated employees from receiving workers' compensation.


summary

Introduced
02/28/2022
In Committee
02/28/2022
Crossed Over
Passed
Dead
01/08/2024

Introduced Session

2022-2023 Regular Session

Bill Summary

This bill amends the workers' compensation law to provide that if an employee was intoxicated when the injury or death occurred, it is presumed that the injury or death was caused by the intoxication and the employee will be barred from receiving workers' compensation. This bill is, in part, a response to the New Jersey Supreme Court case of Tlumac v. High Bridge Stone, 187 N.J. 567 (2006), in which the Court reaffirmed a long standing rule that held intoxication must be the "sole cause" of an accident in order to deprive an employee of workers' compensation benefits. In its decision, the Court stated that its role is to "effectuate the will of the Legislature" and concluded that any changes to the workers' compensation system must be done through legislation. Moreover, the Court noted that the workers' compensation law was created in 1911 and "may no longer comport with current policies."

AI Summary

This bill amends the workers' compensation law to provide that if an employee was intoxicated when the injury or death occurred, it is presumed that the injury or death was caused by the intoxication and the employee will be barred from receiving workers' compensation benefits. This is a response to a New Jersey Supreme Court case that had held that intoxication must be the "sole cause" of an accident in order to deprive an employee of workers' compensation benefits, and the Court had indicated that any changes to the workers' compensation system must be done through legislation.

Committee Categories

Labor and Employment

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Labor Committee (on 02/28/2022)

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