This bill amends New Jersey's workers' compensation law to establish that if an employee is intoxicated at the time of an injury or death, it is presumed that the intoxication caused the incident, thereby barring the employee from receiving workers' compensation benefits. The bill introduces several conditions under which compensation may not be awarded, including cases of intentional self-inflicted injuries, injuries resulting from intoxication, and situations where the employee's failure to use provided personal protective equipment contributes to the injury or death.
The legislation is a response to the New Jersey Supreme Court case of Tlumac v. High Bridge Stone, which emphasized that intoxication must be the "sole cause" of an accident to deny benefits. The Court indicated that any modifications to the workers' compensation system should be enacted through legislative action, acknowledging that the existing law, established in 1911, may not align with contemporary policies. The bill aims to clarify and strengthen the criteria under which workers' compensation claims can be denied due to employee intoxication.