Bill > SB553

This bill amends New Mexico's Workers' Compensation Act to clarify when intoxication or a worker's willful actions can affect their benefits. Specifically, it removes language that stated injuries caused by a worker's intoxication or willful suffering would not be compensated, and instead focuses on the degree to which intoxication or influence contributes to the injury or death. The bill defines "intoxication" or "influence" as a temporary state of impaired function due to alcohol, drugs, or controlled substances, excluding prescribed medications taken as directed unless combined with other substances. It establishes that compensation benefits can be reduced by the degree of contribution, with a minimum reduction of ten percent and a maximum of ninety percent, and outlines requirements for testing procedures and certified laboratories. The bill also states that refusal to submit to a required post-accident test will result in no compensation being paid, and that employers must have a written drug and alcohol-free workplace policy to claim benefit reductions. Importantly, reductions or denials of compensation benefits under this section will not affect medical benefits or payments to dependents of a deceased worker.