Bill > HB63

This bill modifies New Mexico's Workers' Compensation Act to clarify when intoxication or drug influence can affect benefits. It removes language that stated injuries caused by a worker's intoxication were noncompensable and instead amends the law to state that injuries willfully suffered or intentionally inflicted by the worker are noncompensable. The bill also significantly revises provisions regarding compensation reduction due to alcohol or drugs, defining "intoxication" or "influence" as a temporary state of impaired function from alcohol, drugs, controlled substances, or a combination thereof, but excluding prescribed medications taken as directed unless combined with other substances. Compensation benefits can be reduced by the degree to which intoxication or influence contributes to the injury or death, with reductions ranging from a minimum of ten percent to a maximum of ninety percent. The bill also outlines requirements for testing procedures and certification of laboratories, allows for a worker to request a retest of a split sample at their own expense, and states that employers must have a written drug- and alcohol-free workplace policy to claim compensation reductions. Importantly, reductions or denials of compensation benefits under this section will not affect medical benefits or payments to dependents of a deceased worker. Finally, the bill repeals a previous section related to compensation reduction due to drug influence.