New Mexico lawmakers are attempting to close a loophole thatallows employees to receive workers' compensation benefits forinjuries sustained at work while intoxicated or stoned, accordingto a story in the New Mexico Watchdog.

|

The story cites an example in 2006 where a Las Cruces citysanitation employee fell off a garbage truck and injured his head.Although he had a blood alcohol level of .12 at the time of hisfall, nearly double the legal limit in New Mexico, an appeals courtallowed him $90,000, or 90% of his workers'comp claim.

|

“The intent of the law called for a penalty to be built in if anemployee showed up for work drunk and got into a car accident, buthow the law is applied now, it's very hard for that to go intoeffect,” Darin Childers, director of the New Mexico Workers'Compensation Advisory Council, told the New MexicoWatchdog.

|

Rep. Dennis Roch (R-Texico), who introduced the bill to amendthe state's Workers' Compensation Act, says in the storythat the bill is “a personal responsibility issue.”

|

Read more from Rob Nikolewski at the New Mexico Watchdog.

Want to continue reading?
Become a Free PropertyCasualty360 Digital Reader

  • All PropertyCasualty360.com news coverage, best practices, and in-depth analysis.
  • Educational webcasts, resources from industry leaders, and informative newsletters.
  • Other award-winning websites including BenefitsPRO.com and ThinkAdvisor.com.
NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.