Bill > S1420

Introduced Session

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."

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Christopher Connors (R)*, 

Introduced in the Senate, Referred to Senate Labor Committee (on 02/01/2018)