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

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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 appealscourt allowed him $90,000, or 90% of his workers” comp claim.

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“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 newspaper.

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Republican Rep. Dennis Roch, who introduced the bill to amendthe state's Workers' Compensation Act, says in the story that thebill is “a personal responsibility issue.”

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